Phoolan Devi Murder Case Judgement

8/11/2019 Phoolan Devi Murder Case Judgement

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IN THE COURT OF SH. BHARAT PARASHAR, ASJ-01,NEW DELHI DISTRICT, PATIALA HOUSE COURTS, NEW DELHI

Case ID No. 02403R002142200

Da!e o" "#$#%& o" '(a)&e s(ee! * 23.10.2001Da!e o" ")a+#%& o" '(a)&e * 1.0.2002 a%

01.02.200/a&a#%s! a''se

S(a)a% o%$

Da!e o" "#%a$ a)&+e%!s * 2.0.2014Da!e o" &+e%! * 05.05.2014

SC No. 05612FIR No. 23601PS Pa)$#a+e%! S!)ee!U6s 136201630263064164756416120B634 IPC8 Se'!#o% 262/1B6262 A)+s A'!

I% )e*

STATE

9s.

1. S(e) S#%&( : S(e) : Pa%;a /Co%


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3. Ra B#) S#%&( /A'>#!!eS6o Ja&a! S#%&(R6o B#o P), PS Las;a),

D#s!!. Ha)#a), U!!)a%'(a$

4. Rae%e) S#%&( : Ra


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10. S(a)a% @+a) /A'>#!!e

S6o C(a%e) B(s(a%

R6o 9#$$. N#a)#, PS ?a;oo+ P),D#s!!. Ja(a%aa, B#(a)

11. @es(a< C(a(a% /A'>#!!eS6o Ha)# C(a)a% C(a(a%R6o 9#$$a&e B#&a(#, PO Do+a% P)PS C(a)#, D#s!!. Sa%! Ra


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J U D = ? E N T

1. Briefly stated the case of prosecution as unfolded by the report

u/s 173 r.!.. is as under"

2. #n 25.07.01 at about 1.30 !$ the then $e%ber of !arlia%ent

&%t. !hoolan 'e(i )as shot dead *ust outside the %ain +ate of her house

i.e. 44 ,sho-a oad by t)o assailants. er ! !73 t. Balender )as

also shot at but fortunately he sur(i(ed the bullet in*uries.

3. t. Balender ho)e(er sho)ed coura+e and retaliated by firin+

fro% his ser(ice re(ol(er to)ards the assailants )ho in the %eanti%e had

fled a)ay fro% the spot in a )aitin+ +reen colour $aruti ar o. $907.

#ne of the bullet e(en hit the rear +lass of the $aruti ar. he assailants

also returned fire fro% the ar and in the process also %ana+ed to flee

a)ay.

4. he sister of &%t. &%t. !hoolan 'e(i na%ely !104 $unni

'e(i personal staff of &%t. !hoolan 'e(i and !17 %a ashyap a

(isitor to the house of &%t. !hoolan 'e(i on that day helped in re%o(in+

both &%t. !hoolan 'e(i and her ! t. Balender to $ hospital after

+ettin+ a passin+ by %aruti (an belon+in+ to !164 a*neesh &har%a

stopped. n the %eanti%e (arious %essa+es about the shoot out )ererecei(ed at police control roo% )hich initially stated that so%e shoot out

incident has ta-en place at ,sho-a oad or that so%e lady has been shot.

State v. Sher Singh Rana & Ors. Page 4 of 217


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5. #ne chance )itness na%ely !129 inod ish)anath a

scooterist also infor%ed !24 ,& &hri rishan )ho )as on raffic

ontrol duty at near :ol 'a- hana that the assailants )ho had fired at

near 44 ,sho-a oad ha(e left their ar near !andit !ant $ar+ bet)een

othi o. 12 and 14 and had thereafter run a)ay in a & bearin+ o. '

;0235. he said %essa+e )as also con(eyed to police control roo%.

,& &hri rishan in the %eanti%e )ent near !andit !ant $ar+ and sa)

one +reen colour $aruti ar o. $907 par-ed o(er there )ith dar-

)indo) panes. e also sent %essa+es in this re+ard to the police control

roo%.

6. !13 ,& &atish


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@n+lish translation of the state%ent of ali haran as is %entioned in the

char+e sheet reads as follo)s"

I am residing at the above given address and amassociated with Smt. Smt. Phoolan Devi, MP Lok Sabhasince 1997. I look ater the work o the oice at !! "shoka#oad alongwith S. $.M. Dass, Personal Secretar%. &oda%morning Smt. 'ma (ash%a) alongwith her h*sband anddriver Panka+ reached here at abo*t 1 "M b% -ar. "llthree o them walked in, while the -ar remained )arkedo*tside the ho*se. Smt. Smt. Phoolan Devi was cookingsomething in the kitchen. Seeing Smt. (ash%a), she cameo*t, met them and took Smt. (ash%a) inside the ho*se.

&he h*sband o Smt. (ash%a) and Panka+ sat with me inm% oice. Smt. Smt. Phoolan Devi, Member o Parliament,asked me to call or a mini b*s rom )arliament ho*se. Imade a call and aro*nd 11 "M, a mini b*s romParliament o*se, came to the ho*se b*t b% that timeSmt. Smt. Phoolan Devi was not read%, as s*ch, the minib*s was sent back. "ter some time Smt. Smt. PhoolanDevi let or Parliament in the -ar bro*ght b% Smt. 'ma(ash%a). "t that time PS/ to Smt. Smt. Phoolan Devi-ost. 0alender Singh was with her and Panka+ was drivingthe -ar. ivek, M*nni Devi 2sister o Smt. Smt. Phoolan

Devi3, Shiv 4arain -ook, 'ma (ash%a), her h*sband,#am -hander (ahs%a) 25ok*l P*ri, Delhi3 and two

)ersons rom the -onstit*enc% o Smt. Smt. Phoolan Deviwere )resent in the ho*se. It was aro*nd 1.681.PM,when I had inished m% meal and ater drinking water Icame o*t rom the oice side. I saw that the PS/ to Smt.Smt. Phoolan Devi was o)ening the gate and Smt. Smt.Phoolan Devi was standing o*tside. In the meantime twomen aged abo*t 68 %rs height abo*t : 7;, aircom)le


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other inmates o the ho*se got b*s% in taking care o Smt.Smt. Phoolan Devi and inormed the )olice at 1 n*mberrom the oice. PS/ in his in+*red condition also ollowed

me to oice. &hen I sent in+*red Smt. Smt. Phoolan Deviand the PS/ to the os)ital in a Mar*ti an sto))ed b%the members o the amil%. I can identi% these )ersons ithe% are bro*ght beore me. &he man b% the name oPanka+ who had alread% come to the ho*se two threetimes with Smt. 'ma (ash%a) whom I know ver% well ismissing since then with his vehicle. 4ow I have come toknow that Smt. Smt. Phoolan Devi has died.;

2em)hasis s*))lied3

7. nsp. :.. $ehta accordin+ly %ade his endorse%ent on the

basis of said state%ent of ali haran and +ot a case re+istered at !&

!arlia%ent &treet. he subse=uent in(esti+ation )as ho)e(er transferred

to the ri%e Branch by the orders of &r. #fficers of police. !170 nsp.

&uresh aushi- of ri%e Branch )as thus entrusted )ith the subse=uent

in(esti+ation. n the %eanti%e &%t. !hoolan 'e(i )as declared brou+ht

dead by the doctors at $ hospital and they found around 10 fire ar%

in*uries on her person. he condition of ! t. Balender )as also stated

to be critical. he 'octors collected the clothes of &%t. !hoolan 'e(i )hich

)ere on her body besides other *e)ellary articles and sealed the% in

different pullandas )ith the seal of $ hospital. he blood stained clothes

of t. Balender )ere also ta-en into possession by the 'octors and )ere

sealed in different pullandas )ith the seal of $ hospital. #ne ser(ice

pistol of t. Balender )ith 8 li(e cartrid+es in %a+aAine )as also ta-en into

possession. he doctors reco(ered about 5 bullets fro% the body and

clothes of &%t. !hoolan 'e(i and one bullet )as reco(ered fro% the body

of t. Balender. he bullets )ere also collected and sealed in different



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pullandas.

8. nsp. &uresh aushi- in the %eanti%e inspected the place of

incident and found a lar+e =uantity of blood lyin+ around it. )o s%all bone

pieces one blood soa-ed dupatta and so%e e%pty cartrid+es )ere also

found around the place beside one bullet lead. he cri%e tea% also

reached the spot and inspected and too- photo+raphs of the place of

incident. he car used by the assailants i.e. $907 )hich )as found

abandoned at !andit !ant $ar+ )as also inspected. #n the rear seat of

the ar t)o %on-ey caps one %aroon and other dar- +reen colour )erelyin+ besides t)o re(ol(ers and t)el(e >12? li(e cartrid+es. )o bullet leads

)ere also found in the rear left door of the car. #ne suitcase )ith so%e

clothes )as also found inside the ar. hou+h the fin+er print eperts fro%

;& lab B )ere able to lift 6 chance prints fro% the ar and especially

fro% the rear (ie) %irror at the spot itself but due to bad )eather and lac-

of electricity the ar )as ta-en to the office of '! e) 'elhi on the

ad(ise of fin+er print eperts fro% ;& $al(iya a+ar. he car )as dri(en

by !162 & &an*ee( $andal fro% the spot to the office co%pound of

'! e) 'elhi. pon chec-in+ the t)o re(ol(ers reco(ered fro% inside

the ar three li(e cartrid+es and three fired cartrid+es )ere reco(ered

fro% one re(ol(er on )hich )ords C@B@D E ' )ere )ritten

and si e%pty cartrid+es )ere reco(ered fro% the second re(ol(er on

)hich )ords C$,'@ @'F and C$,'@ '@F )ere )ritten. 12

li(e cartrid+es )ere also reco(ered fro% inside the ar. ,fter preparin+ the

s-etch of the said re(ol(er and cartrid+es so reco(ered they )ere ta-en

into possession after sealin+ the% into different pulandas by nsp. &uresh

aushi-. 3 chance fin+er prints )ere also reco(ered fro% each of the t)o



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re(ol(ers.

9. &ubse=uently so%e other passerby also infor%ed nsp. &uresh

aushi- that the 3 boys had run a)ay in a & o. '1;0235. he

char+e sheet further states that durin+ the course of further in(esti+ation

identity of one of the assailants )as established as &her &in+h ana G

&heru G !an-a* and that ar o. $907 belon+ed to &her &in+h ana

only and that he had co%e to the house of &%t. !hoolan 'e(i alon+)ith

!17 %a ashyap and her husband !18 i*ay ashyap in the said

car no. $907 fro% oor-ee to 'elhi on the %ornin+ of 25.07.2001. #nepolice tea% headed by !113 nsp. an &in+h )as accordin+ly sent to

oor-ee to apprehend accused &her &in+h ana and in the %eanti%e &

$ano* u%ar )as deputed to trace out & o. ' 1; 0235. !114

Bahadur &hah )as found to be dri(in+ the said & )hen the said three

boys sat in his & and )ho had thereafter +ot do)n after tra(ellin+ to

so%e distance in his & and e(en did not pay fare to hi%.

10. &ubse=uently on 27.07.01 it )as reported in the %edia and

)hich fact )as later on confir%ed by the ttranchal police also that

accused &her &in+h ana )ho )as )anted in the present case has been

arrested in !& 'alan)ala 'ehradun after he had addressed a !ress

onference in 'oon !ress lub 'ehradun and had confessed that he

alon+)ith one a*ender G a(inder had shot at &%t. !hoolan 'e(i and

t. Balender. ,ccordin+ly nsp. an &in+h )ho )as already present in thearea reached police station 'allan)ala and arrested accused &her &in+h

ana and )hile -eepin+ his face %uffled he )as brou+ht to 'elhi. ,ccused

&her &in+h ana thereafter %ade a disclosure state%ent )hich )as



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reduced into )ritin+. >&he contents o the said disclos*re statement were

however later on o*nd to be not correct. e had stated abo*t one

#a+ender = #avinder being also involved in the shooting incident b*t said

#a+ender = #avinder was later on o*nd to be lodged in aridwar +ail on

the da% o incident?. #n 28.07.01 he )as produced in the ourts at 'elhi

and his 10 days police custody re%and )as ta-en. o)e(er accused &her

&in+h ana thereafter a+ain %ade a disclosure state%ent and therein he

spilled the beans of the entire contro(ersy so conspired by hi% and his

other associates. e disclosed about the in(ol(e%ent of one a*bir

&he-har 'han !ar-ash !ar(een $ittal ,%it athi i*ay &in+h a*ender

&urender &har)an u%ar and !ardeep in the conspiracy.

11. &ubse=uently on 30.07.01 a*ender &in+h G a(inder &/o

&hri $ohinder &in+h &he-har &in+h &/o a*pal &in+h and a*bir &in+h

&/o &hri


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a(inder at the ti%e of incident )as infact lod+ed in *ail in arid)ar in an

@cise ,ct case and infact a (ery deep rooted conspiracy )as planned to

create e(idence so as to pro(ide a false plea of alibi for the accused

persons by sho)in+ the% to be in *ail at the ti%e of incident.

12. t )as also found that it is for this reason only that accused

&her &in+h ana clai%ed in his press conference at C'oon !ress lubF

that in the incident in =uestion one a*ender )as his associate so that later

on durin+ the course of trial the clai% of police could be falsified by

sho)in+ that accused a*ender )as lod+ed in *ail as on the date ofincident. 'urin+ subse=uent in(esti+ation it )as also found that accused

&her &in+h ana had also created false e(idence by +ettin+ one of his

e%ployee &har)an u%ar lod+ed in *ail in his na%e as &her &in+h ana

in one already pendin+ case a+ainst hi% under @cise ,ct at arid)ar.

he sole intention )as a+ain to create a false plea of alibi to sho) that

&her &in+h ana hi%self )as also lod+ed in *ail at the ti%e of incident. ,s

a part of the said conspiracy both accused &har)an u%ar )ho )as in *ail

)hile i%personatin+ hi%self as &her &in+h ana and a*ender )ere +ot

bailed out on 26.07.01 i.e. one day after the incident too- place. he

char+e sheet further states that durin+ the course of subse=uent

in(esti+ation it also ca%e to li+ht that one old friend of accused &her &in+h

ana na%ely !ar(een $ittal )ho )as a practicin+ ,d(ocate at oor-ee

ourt )as also an acti(e %e%ber of the conspiracy. t )as accused

!ar(een $ittal )ho +a(e all such ad(ise of creatin+ false plea of alibi to

accused &her &in+h ana and his associates so that they %ay escape

punish%ent fro% the ourt of la). t also ca%e to li+ht that at the as-in+ of

accused &her &in+h ana accused !ar(een $ittal had %ade a(ailable one



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re(ol(er labelled C$,'@ @'F to hi% -no)in+ fully )ell that the

sa%e is +oin+ to be used in co%%ittin+ %urder of &%t. !hoolan 'e(i.

13. ,s re+ards the %oti(e to co%%it the %urder of &%t. !hoolan

'e(i it ca%e to the -no)led+e of police that accused &her &in+h ana

)as an a%bitious person ri+ht fro% his colle+e days. &her &in+h ana

belon+ed to ha-ur co%%unity )hich )as a+ainst &%t. !hoolan 'e(i as

she had -illed 22 ha-urs in the illfa%ousCBeh%ai -illin+F. ,ccused &her

&in+h ana thus )anted to a(en+e the said %assacre of ha-urs by &%t.

!hoolan 'e(i and in the process )anted to beco%e a self proclai%edleader of ha-ur co%%unity and to also earn fa%e and %oney by short cut

%ethods. e also assured the other conspirators that once he establishes

hi%self in the political arena then he )ill help the% in their li(es. t also

ca%e to the -no)led+e of police that the said conspiracy )hich )as

pri%arily in the %ind of accused &her &in+h ana )as bein+ hatched by

hi% o(er a lon+ period of ti%e and in order to arran+e finance for it he

alon+)ith other associates co%%itted t)o acts of robbery in the year 2000

and 2001 )herein s. 10 lacs and s. 15 lacs respecti(ely )ere looted

fro% t)o ban-s. t )as also found that fro% the said looted a%ount

accused &her &in+h ana +ot a country li=uour (end alloted in the na%e

of one of his friend !62 !an-a* alra so that %ore %oney could be

+enerated in order to eecute the %urder of &%t. !hoolan 'e(i. !olice

also ca%e to -no) that accused &her &in+h ana had initially de(eloped

close relations )ith &%t. !hoolan 'e(i by (isitin+ her house fre=uently )ith

one %a ashyap and her husband i*ay ahsyap. %a ashyap )as a

social )or-er fro% arid)ar area and )as a )or-er of C@-la(ya &enaF a

party floated by &%t. !hoolan 'e(i. t also ca%e to the -no)led+e of police



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that prior to house no. 44 ,sho-a oad &%t. !hoolan 'e(i )as residin+

at hitran*an !ar- and e(en there accused &her &in+h ana had carried

out a sur(ey of the area by stayin+ in one C,%antaran +uest houseF near

the house of &%t. !hoolan 'e(i but did not find the ti%e and place to be

suitable to co%%it her %urder.

14. he char+e sheet further states that the subse=uent

in(esti+ation also sho)ed that yet one other re(ol(er )as purchased by

accused &her &in+h ana fro% one ,%it athi )ho )as the o)ner of

C&ubhash :un ouseF in oor-ee and )as an old friend of accused &her&in+h ana. ater on the ad(ise of accused !ar(een $ittal accused &her

&in+h ana )ith the help of ,%it athi also +ot the +roo(es of the

re(ol(ers ta%pered )ith so that later on )hen the re(ol(ers are reco(ered

than the sa%e could not be corelated )ith the fired bullets. t also ca%e to

the notice of police that the youn+er brother of accused &her &in+h ana

na%ely i*ay &in+h G a*u )as assi+ned the role of +ettin+ &har)an

u%ar and a*ender )ho )ere lod+ed in *ail bailed out by furnishin+ fa-e

sureties and false docu%ents. e )as also told to flee a)ay alon+)ith

other fa%ily %e%bers soon after the incident and )hich role he actually

played soon after the incident. he police also found that in order to

eecute the plan accused &her &in+h ana had also arran+ed a %obile

phone no. 9837237160 and had also chec-ed on 24.07.01 that &%t.

!hoolan 'e(i )as a(ailable at her house since the !arlia%ent )as in

session durin+ those days. e had accordin+ly re=uested %a ashyap

and her husband i*ay ashyap to co%e to 'elhi alon+)ith hi% to the

house of &%t. !hoolan 'e(i and had accordin+ly ta-en the% in his ar o.

C$907F on that day fro% oor-ee to 'elhi. is three other co



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conspirators &he-har &in+h a*bir &in+h and 'han !ar-ash )ere

tra(ellin+ in one other )hite $aruti ar nu%ber !14B7559. !rior to it

accused &her &in+h ana had also purchased t)o country %ade pistols

)ith li(e cartrid+es fro% one %ust-ee%.

15. hus on 25.07.2001 )hile &her &in+h ana hi%self )as

carryin+ %obile phone nu%ber 9837237160 another %obile phone o.

9837222779 )as )ith accused a*bir )ho )as tra(ellin+ )ith &he-har and

'han !ar-ash in the other )hite $aruti ar. $obile !hone no.

9837222779 belon+ed to !3 o(id Batra a friend of accused &her&in+h ana and fro% )ho% the %obile phone )as borro)ed by i*ay

&in+h G a*u the youn+er brother of accused &her &in+h ana. hus

accused &her &in+h ana )as in constant touch )ith the occupants of the

other ar on his )ay fro% oor-ee to 'elhi. o)e(er at :aAiabad

accused &her &in+h ana and a*bir chan+ed their &$ cards and

accused &her &in+h ana started usin+ no. 9811374806 and accused

a*bir started usin+ no. 9811374810. he said t)o &$& )ere +ot

arran+ed throu+h &he-har &in+h )ho purchased the% in 'elhi.

16. ,fter reachin+ the house of &%t. !hoolan 'e(i accused &her

&in+h ana )ho )as a re+ular (isitor to her house and )as also )ell

-no)n to the fa%ily %e%bers and personal staff of &%t. !hoolan 'e(i )as

as-ed by &%t. !hoolan 'e(i to drop her at !arlia%ent house as her o)n

ar )as not a(ailable )ith her on that day. ,ccordin+ly after droppin+ &%t.!hoolan 'e(i and her ! outside the +ate of !arlia%ent ouse accused

&her &in+h ana returned bac- and alon+)ith accused 'han !ar-ash and

&he-har and started )aitin+ for the return of &%t. !hoolan 'e(i )hile



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sittin+ in his ar no. $907 par-ed on the road outside the house of &%t.

!hoolan 'e(i. hen at about 1.30 ,$ &%t. !hoolan 'e(i alon+)ith her

! returned in the ar of one other $e%ber of !arlia%ent and )hen

after +ettin+ do)n fro% the ar outside her house )as in the process of

enterin+ inside her house than both accused &her &in+h ana and 'han

!ar-ash started firin+ to)ards the%. n the %eanti%e accused &he-har

reached near the +ate )ith ar o. $907 and all three fled a)ay in it.

17. o)e(er for so%e reason accused a*bir )ho )as to pro(ide

bac- up in the other hite $aruti ar could not follo) ar o. $907and thus the three persons had to flee a)ay in a & o. '1;0235 of

!114 Bahadur &hah after lea(in+ their ar on !andit !ant $ar+. #n the

)ay )hile accused &he-har +ot do)n fro% the & at near $andi ouse

accused &her &in+h ana and 'han !ar-ash also left the & after so%e

further distance and boarded a bus and thereafter )ent separately. hile

accused &he-har left for so%e un-no)n place accused &her &in+h ana

in the %eanti%e reached :haAiabad and on the )ay he contacted accused

a*bir &in+h on his %obile phone and told hi% to %eet hi% at :haAiabad.

18. ater on accused &he-har &in+h also contacted accused &her

&in+h ana on his %obile phone fro% a !# in $eerut and he )as also

accordin+ly pic-ed up by the% fro% near $eerut bypass in the said

$aruti ar bein+ dri(en by a*bir &in+h. ,ll three first )ent to arid)ar

and stayed at hotel C!ra%ilaF )here accused &her &in+h ana %ade anentry in the na%e of ,noop &in+h in the re+ister of the hotel. n the

%eanti%e accused !ardeep stood surety for &har)an u%ar in the ourt

at arid)ar i%personatin+ as i*ay &in+h and also furnished false



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docu%ents of &cooter o. ! 10, 9630. #ne &urender &in+h and a*bir

&in+h ho)e(er stood surety for accused a*ender )hile i%personatin+ as

irender :iri and &he-har &in+h and also furnished false docu%ents of

&cooter o. ! 10B 9577 and ! 10 B 3007 respecti(ely. #n the ni+ht of

26.07.01 accused &her &in+h ana a*bir &in+h a*ender and &he-har

&in+h stayed at hotel C:an+a ie)F at ishi-esh oad arid)ar and

entries in the re+isters of the hotels )ere %ade by &he-har &in+h.

hereafter on 27.07.01 they all reached 'ehradun and )here accused

&her &in+h ana addressed a !ress onference at C'oon !ress lubF

confessin+ his role in the %urder of &%t. !hoolan 'e(i. e further stated in

the !ress onference that one a*ender G a(inder )as the other

assailant )ith hi% )ho had fired on t. Balender. t )as soon after the

!ress onference that the police of !& 'allan)ala arrested hi% *ust

outside the !ress lub.

19. he char+e sheet further states that in the %eanti%e on

30.07.01 !160 %ed &in+h husband of &%t. !hoolan 'e(i infor%ed #

nspector &uresh aushi- in )ritin+ that t)o country %ade pistols )ere

lyin+ in the +ara+e of house no. 44 ,sho-a oad. e further stated that he

)as told about the said attas by !127 a% hander ashyap )ho in

turn )as told about it by !141 an*it u%ar )ho had seen the said t)o

country %ade pistols lyin+ in the +ara+e. o)e(er it )as re(ealed that

one esha( hauhan a (isitor to the house of &%t. !hoolan 'e(i had

pic-ed up the said pistols fro% the spot soon after the incident. he said

t)o -attas )ere also ta-en into possession by the police fro% inside the

+ara+e. hereafter on 07.08.01 accused &her &in+h ana )as arrayed for

! but he refused to participate therein. n the %eanti%e accused ,%it



17/217

athi !ar(een $ittal and esha( hauhan also ca%e to be arrested on

02.08.01. ,ccused 'han !ar-ash )as ho)e(er arrested fro% oor-ee on

04.08.01 by nsp. .!. &in+h and he also refused to participate in !

)hen produced in the ourts at 'elhi on 05.08.01. hereafter on 08.08.01

accused !ardeep &in+h and &urender &in+h )ere also arrested at !&

&ha%pur arid)ar and accused i*ay G a*u )as arrested on 10.08.01.

,ccused &har)an u%ar ho)e(er could not be arrested and )as

accordin+ly +ot declared a proclai%ed offender. he char+e sheet further

states that in the %ean ti%e the identity of accused &her &in+h ana

a*bir 'han !ar-ash and &he-har &in+h )as +ot established by )ay of

photo ! fro% t. Balender and & dri(er Bahadur &hah and ,& &ri

rishan as e(en accused a*bir )as seen by ,& &hri rishan on 25.07.01

)hile standin+ near !andit !ant $ar+ )ith )hite $aruti ar no. !14B

7559. ,& &hri rishan had initially tried to challan accused a*bir on the

+round of )ron+ par-in+ but let hi% off )hen accused a*bir pleaded for

for+i(eness statin+ that he )as ne) to 'elhi. ,& &ri rishan had ho)e(er

noted do)n the nu%ber of the car on the co(er pa+e of his challan boo-.

20. &ubse=uently the speci%en fin+er i%pressions of the accused

persons )ere ta-en besides their speci%en hand )ritin+ and si+natures for

co%parison )ith the chance fin+er prints lifted fro% the t)o ars and the

re(ol(ers besides )ith (arious re+isters of the hotels )here accused

persons had stayed soon after the incident or the record of the ourts at

arid)ar or that of arid)ar *ail. hile chance prints lifted fro% ebley E

&cott labelled re(ol(er tallied )ith that of accused 'han !ar-ash G ic-y

the other three chance prints reco(ered fro% the other re(ol(er labelled

C%ade in nlendF tallied )ith that of accused &her &in+h ana. ;our out of



18/217

the si chance prints lifted fro% ar o. ! 10B 3007 tallied )ith that of

accused a*bir &in+h. t )as also found that the thu%b i%pression of

accused &her &in+h ana did not tally )ith the thu%b i%pression as )as

there in the re+ister of arid)ar *ail )herein he )as sho)n to ha(e been

lod+ed. >Later on in the %ear 6! when acc*sed Sharwan (*mar was

arrested then his th*mb im)ression were also taken and the same tallied

with the one which were there on the +*dicial ile in the -o*rts at aridwar

and also with the aridwar +ail record.? his fact lent support to the

conclusion of the police that accused &her &in+h ana had infact tried to

create a false plea of alibi by +ettin+ accused &har)an u%ar lod+ed in

the *ail i%personatin+ as accused &her &in+h ana. he onstables

posted in the court of d. ,


19/217

in $uAaffar a+ar *ail in a case of !& ot)ali $uAaffar a+arand )as

accordin+ly interro+ated o(er there in the *ail itself. o)e(er stran+ely the

char+e sheet further states that %ust-ee% or &urinder &in+h ana the

father of &her &in+h ana )ere not char+esheeted as sufficient e(idence

could not co%e on record. 2Page o the charge>sheet3

22. hus initially char+e sheet )as filed a+ainst 11 accused

persons na%ely &her &in+h ana G &heru G !an-a* &he-har &in+h

!an)ar a* Bir &in+h a*ender &in+h G a(inder &in+h 'han !ar-ash

G ic-y G 'heera* i*ay &in+h G a*u !ardeep &in+h &urinder &in+he+i G &uri !ar(een $ittal and ,%it athi and esha( hauhan )ith

accused &har)an u%ar sho)n as proclai%ed offender. o)e(er

subse=uently accused &har)an u%ar also ca%e to be arrested on

10.07.2004 and a supple%entary char+e sheet )as filed a+ainst hi%.

23. ,fter due co%pliance of &. 207 r.! (arious char+es )ere

fra%ed a+ainst the accused persons (ide order dated 17.09.2002 by thethen d. !redecessor of this ourt to )hich they all pleaded not +uilty and

clai%ed trial.

24. ,fter filin+ of the supple%entary char+e sheet a+ainst accused

&har)an u%ar char+es )ere also far%ed a+ainst hi% by the then d.

!redecessor of this ourt (ide order dated 01.02.2005. e also ho)e(er

pleaded not +uilty to the char+es so fra%ed and clai%ed trial.

25. n order to present a co%prehensi(e (ie) of the char+es so

fra%ed a+ainst (arious accused persons by the then d. !redecessors the

sa%e ha(e been reproduced hereinafter in a tabular for%"



20/217

S.No

Na+e o"a''se

CHAR=ES FRA?ED

>? >? >? >?

1 &her &in+h

ana G &heruG !an-a*

U6s 120-B )6 Se'!#o%s

3026136416475641 IPCa% Se'!#o% 262 o" A)+s A'!

U6s 302630

)6 S. 34 IPC

U6s 13 IPC,

U6s 302, 30)6 S. 34 IPC8 2 /1B62A)+s A'!

2 &he-har &in+h!an)ar

U6s 120-B )6 Se'!#o%s3026136416475641 IPCa% Se'!#o% 262 o" A)+s A'!

U6s 302630)6 S. 34 IPC

U6s 302, 30)6 S. 34 IPC

3 a* Bir &in+h U6s 120-B )6 Se'!#o%s3026136416475641 IPCa% Se'!#o% 262 o" A)+s A'!

U6s 302630)6 S. 34 IPC

U6s 416475a% 6s 41)6 S. 475IPC

U6s 302,30 )6 S.34 IPC

4 a*ender &in+h

G a(inder&in+h

U6s 120-B )6 Se'!#o%s

3026136416475641 IPCa% Se'!#o% 262 o" A)+s A'!

5 'han !ar-ashG ic-y G'heeera*


U6s 302630)6 S. 34 IPC

U6s 302630)6 S. 34 IPC

U6s 30IPC, 2/1B62A)+s A'!

6 i*ay &in+h Ga*u


7 !ardeep &in+h U6s 120-B )6 Se'!#o%s3026136416475641 IPCa% 6s 262 o" A)+s A'! a%

U6s 416475a% 6s 41)6 S. 475

IPC

8 &urinder &in+he+i G &uri


U6s 416475IPC

9 !ar(een $ittal U6s 120-B )6 Se'!#o%s3026136416475641 IPCa% Se'!#o% 262 o" A)+s A'!

2 /1B A)+sA'!)6 se'!#o%2 A)+s A'!

10 ,%it athi U6s 120-B )6 Se'!#o%s3026136416475641 IPCa% Se'!#o% 262 o" A)+s A'!

2 /1B A)+sA'!)6 se'!#o%2 A)+s A'!

11. esha(hauhan

U6s 201 IPC

SUPPLE?ENTAR CHAR=E SHEET

12. &har)anu%ar

U6s 120B )6 Se'!#o% 3026136416475641 a% 6s 262 A)+s A'! a%416475613 IPC



21/217

26. !rosecution thereafter in order to pro(e its case ea%ined 171

)itnesses. he accused persons )ere thereafter ea%ined u/s 313 r.!.

hey ho)e(er ea%ined fi(e >5? )itnesses in their defence. ;i(e >5?

)itnesses )ere ho)e(er also ea%ined as ourt )itnesses.

67. It will be also worthwhile to mention over here that during

the course of trial one of the accused namely Pardeep expired and

the proceedings against him accordingly stood abated.

28. Before ad(ertin+ further %ay state that )hile narratin+ the

facts as are e%er+in+ fro% the char+e sheet filed by the police ha(e

consciously reproduced certain portions of the char+e sheet (erbati% by

usin+ the phrase CThe further investigation revealed ........F. he

pri%ary reason for reproducin+ the facts in the aforesaid %anner )as that

the said aspect of further in(esti+ation ho)e(er could not be corelated to

a lar+e etent )ith the nature of in(esti+ation carried out or the e(idence

so collected and led on record by the prosecution. o support %y aforesaidpreposition shall be discussin+ in detail herein after the nature of

e(idence )hich )as collected by the in(esti+atin+ a+ency durin+ the

course of in(esti+ation and as )as subse=uently led by the prosecution

(isa(is (arious circu%stances sou+ht to be pro(ed by the prosecution.

29. ,t this sta+e )ould also li-e to %ention as to ho) intend to

discuss the prosecution e(idence in the present case a+ainst (arious

accused persons since the prosecution has ea%ined as %any as 171

)itnesses.

30. Beside the e(idence of co%plainant !52 ali haran !



22/217

73 t. Balender !104 $unni 'e(i !114 Bahadur &hah and !129

inod ish)anath )ho all clai%ed to ha(e seen the assailants the

prosecution case pri%arily rests upon circu%stantial nature of e(idence.

hus )ould be first delineatin+ the (arious incri%inatin+ circu%stances by

(irtue of )hich the prosecution has sou+ht to connect each of the accused

persons )ith the offence in =uestion. hereafter shall be discussin+ the

e(idence led by the prosecution =ua each of the said circu%stances

a+ainst (arious accused persons and shall also be discussin+ alon+side as

to )hether the prosecution has been successful in pro(in+ each of the said

circu%stances by so%e le+ally ad%issible e(idence or not.

31. he deposition of fi(e >5? defence )itnesses or that of fi(e >5?

ourt )itnesses shall also be discussed alon+side )here(er found

rele(ant. ,fter this %icroscopic analysis of the (arious circu%stances on

the touchstone of Cle+ally ad%issible e(idenceF shall be discussin+ the

said pro(ed circu%stances if any co%prehensi(ely to assess as to

)hether they for% such a continuous chain of circu%stances )hich %ay

lead to only one conclusion )hich is consistent )ith the +uilt of the

accused persons or )hether they are eplainable on any other hypothesis

consistent )ith the innocence of the accused persons.

32. ,t this sta+e )ould li-e to %ention certain obser(ations of

onHble ,pe ourt )hich ha(e been reiterated by onHble 'elhi i+h

ourt also recently in the case C9#s(a$ aa<


23/217

integral )art o the criminal +*stice s%stem b*t it is its )rimeob+ective. &his inds reiteration b% the S*)reme -o*rt oIndia in the +*dgment re)orted at 26163 A S-- 6B,

Da%al Singh and /rs. v. State o 'ttaranchal when theco*rt em)hasiCed th*s

!. Ehere o*r criminal +*stice s%stem )rovidessaeg*ards o air trial and innocent till )roven g*ilt% to anacc*sed, there it also contem)lates that a criminal trial ismeant or doing +*stice to all, the acc*sed, the societ% anda air chance to )rove to the )rosec*tion. &hen alone canlaw and order be maintained. &he co*rts do not merel%discharge the *nction to ens*re that no innocent man is

)*nished, b*t also that a g*ilt% man does not esca)e.

0oth are )*blic d*ties o the +*dge. D*ring the co*rse othe trial, the learned Presiding ?*dge is e


24/217

persons. ,ny dereliction on this account either by the prosecution or by the

defence ounsel stri-es at the (ery roots of the functionin+ of cri%inal

*ustice ad%inistration syste%.

34. he rule of la) persupposes that any e(idence sou+ht to be

led by the prosecution a+ainst the accused %ust be held to be ad%issible

under the substanti(e as )ell as procedural la) of the land. hus not only

the trial of a cri%inal case is to be carried out in accordance )ith the

pro(isions of ode of ri%inal !rocedure but also the e(idence led should

confir% to the principles of ndian @(idence ,ct 1872 >n short hereinafterreferred to as C@(idence ,ctF?. o)e(er if so%e e(idence has been led on

record )hich is contrary to the pro(isions of @(idence ,ct then the

=uestion arises as to )hether the said e(idence can be read a+ainst the

accused persons or not.

35. $y subse=uent discussion is +oin+ to hi+h li+ht the i%portance

of the aforesaid preposition as ha(e found that so%e e(idence led by theprosecution is not in accordance )ith the pro(isions of @(idence ,ct and

the =uestion )hich )ill arise is as to )hat )ei+ht can be +i(en to such

e(idence.

36. a% accordin+ly no) delineatin+ the (arious incri%inatin+

circu%stances throu+h )hich prosecution see-s to pro(e its case a+ainst

different accused persons. o)e(er alon+side the said incri%inatin+

circu%stances ha(e also %entioned na%es of so%e of the prosecution

)itnesses throu+h )ho% the prosecution has pri%arily atte%pted to pro(e

the said circu%stances. he deposition of these )itnesses shall be



25/217

discussed and analyAed -eepin+ in (ie) the deposition of other

prosecution )itnesses also and especially that of (arious police officers

)ho ha(e been associated )ith the in(esti+ation. ha(e ho)e(er

esche)ed their reference alon+side each of the circu%stances %entioned

belo) for the sa-e of bre(ity.

37. o)e(er at the end of the follo)in+ list of circu%stances as

are e%er+in+ fro% the case of prosecution shall be %entionin+ the na%es

of all the prosecution )itnesses >171? beside the defence )itnesses >5?

and the ourt )itnesses >5? ea%ined durin+ the course of present lon+trial in a tabulated for% for a ready reference.

A''se S(e) S#%&( Ra%a

He #s s!a!e !o e !(e +as!e)+#% o" !(e e%!#)e 'o%s#)a'.

?OTI9E

>i? ,ccused &her &in+h ana )as an a%bitious person. e e(en

contested elections of the student union in his &chool and olle+e and )as

desirous of ac=uirin+ na%e and fa%e early in his life e(en thou+h by

adoptin+ short cut %ethods. >!3o(id Batra PE>66 ?aved (han, PE>

#a+a (*mar, PE>9! "n*rag &%agi?

>ii? ,ccused &her &in+h ana not only )anted to a(en+e the

-illin+ of tha-urs by &%t. !hoolan 'e(i in the Bha%ai $assacre but also

)anted to earn leadership of the ha-ur co%%unity by co%%ittin+ so%e

sensational act. >PE>1! "dvocate #a+esh #astogi, PE>16 "SI 0raham

Prakash?



26/217

P)ea)a!#o%

>iii? n order to arran+e finance accused &her &in+h ana

alon+)ith his associates co%%itted t)o ban- robberies in arid)ar area in

the year 2000 and 2001 and robbed a su% of s. 10 lacs and s. 15 lacs

respecti(ely. >PE> - . (. &%agi, PE>9A - ishal Mani?

>i(? n order to +enerate %ore finances he +ot a li=uour (end

allotted in the na%e of one of his friend !62 !an-a* alra at e*upur

oor-ee by in(estin+ the proceeds of cri%e of the aforesaid t)o robbery

cases. e also e%ployed coaccused &har)an u%ar !ardeep and

&urender in the said li=uour (end )ho )ere associated )ith hi% later on in

the present conspiracy. >PE>!1 ". (. Sharma, PE>B6 Panka+ (alra,

PE>1, /m)al, PE>99 San+a% (*mar?

>(? e obtained le+al ad(ise fro% his friend !ar(een $ittal >co

accused? )ho )as a practisin+ ,d(ocate at oor-ee as to ho) to

%eticulously carry out the plan to %urder &%t. !hoolan 'e(i and later on

ho) to escape a)ay fro% the punish%ent. >PE>B6 Panka+ (alra,

DE>1 acc*sed Parveen Mittal himsel, PE>17 "-P S*resh (a*shik?.

>(i? e also procured one re(ol(er %a-e C$,'@ @'F fro%

his coaccused !ar(een $ittal so as to use it in achie(in+ the ob*ecti(e of

cri%inal conspiracy. e infact used it to co%%it %urder of &%t. !hoolan

'e(i. >PE>B6 Panka+ (alra?

>(ii? e also obtained yet one other re(ol(er %a-e C@B@D E

F fro% one of his friend coaccused ,%it athi o)ner of C&ubhash



27/217

:un ouseF in oor-ee. e also +ot the +roo(es of the re(ol(er ta%pered

)ith throu+h one ,fa= ,h%ed a )or-er in the shop of ,%it athi so as to

a(oid its lin-a+e )ith the bullets to be fired fro% it. >PE>7 "aG "hmed?

>(iii? e de(eloped inti%acy )ith one %a ashyap and her

husband i*ay ashyap throu+h coaccused a*bir so as to ha(e access to

the house of &%t. !hoolan 'e(i. >PE>17 'ma (ash%a), PE>1A i+a%

(ash%a)?

>i? e did a sur(ey of the house of &%t. !hoolan 'e(i )hen she

)as residin+ at hitran*an !ar- and stayed at C,a%antaran :uest ouseF

for three days but did not find the ti%e and place to be suitable to %urder

her. >PE 1 4irmal -handra Sarba+na and PE> #a+a (*mar?.

>? e *oined his brother i*ay &in+h besides accused &he-har

'han !ar-ash &urender &in+h &har)an u%ar !ardeep &in+h a*bir

a*ender &in+h all his prior ac=uaintances in the conspiracy to co%%it

%urder of !hoolan 'e(i and that of her ! t. Balender )hile assurin+

all the coaccused persons of help in their future life once he hi%self +ot

settled in the politics. >PE>B6 Panka+ (alra?

>i? e alon+)ith his other coassociates held a %eetin+ at his

house )herein all the plans to carry out the conspiracy to co%%it %urder

of &%t. !hoolan 'e(i and her ! t. Balender )ere discussed and

specific roles )ere assi+ned to different persons. >PE>B6 Panka+ (alra?

>ii? n furtherance of the co%%on ob*ect of the said cri%inal

conspiracy he ad(ised a*ender G a(inder to +et hi%self arrested in



28/217

so%e case in arid)ar and to +et hi%self released on bail after the

incident. >PE>! SI Inder Singh, PE>9 -t. "shwani (*mar, PE>! -t.

4arinder Singh, PE>!6 irender 5iri, PE>B6 Panka+ (alra, PE>A 5anga

#am, PE>119 #a+ender Prasad Sharma and PE>16 "nil (*mar3

>iii? e as-ed coaccused &urender and a*bir &in+h to stand

sureties for accused a*ender G a(inder under fa-e identity and on the

basis of false docu%ents. >!119 a*ender !rasad &har%a !120 ,nil

u%ar and PE>1!! Satish -ha*dhar%, "dvocate?

>i(? e as-ed &har)an u%ar to +et hi%self arrested by

i%personatin+ hi%self as &her &in+h ana in an already pendin+ case

under @cise ,ct a+ainst accused &her &in+h ana in the court of d.

,PE>A SI *shiaar Singh, PE>A 5anga #am, PE>119 #a+ender

Prasad Sharma, PE>16 "nil (*mar, PE>1A "dvocate #amesh -hander"ggarwal, PE>19 La1!! "dvocate Satish

-ha*dhar%3

>(? e procured t)o country %ade pistols fro% one %ust-ee%.

>PE>1A Ins)ector ishn* -hand 5a*tam?

>(i? e purchased %obile phone nu%ber 9837237160 fro% !

94 ,nura+ ya+i >!169 a*ender u%ar i)ari and !171 i(e-

$alhotra?



29/217

>(ii? e as-ed 'han !ar-ash to procure t)o %obile phone

nu%bers fro% 'elhi (iA. 9811374806 and (iA. 9811374810. >PE>16

5*lshan "rora?

>(iii? e as-ed his youn+er brother i*ay G a*u to %a-e

necessary arran+e%ents initially for the arrest of &har)an u%ar as

accused &her &in+h ana in the ourt and later on after the %urder of

&%t. !hoolan 'e(i to +ot both &har)an u%ar and a*ender G a(inder

released on bail on the basis of fa-e sureties and to also flee a)ay )ith

other fa%ily %e%bers fro% the house )ith !an-a* alra. >PE>19La1!! "dvocate Satish -ha*dhar%, PE>B6 Panka+ (alra?

>i? hrou+h i*ay G a*u he +ot arran+ed one %ore %obile

phone no. 9837222779 )hich i*ay borro)ed fro% his friend o(id Batra

>PE> (ovid 0atra?.

>? e as-ed !an-a* alra another friend of his >)ho% he had

initiall% )ers*aded to +oin the cons)irac% b*t he did not agree? to also flee

a)ay after the incident alon+)ith his brother i*ay &in+h. >PE>B6 Panka+

(alra3

>i? e stole one )hite $aruti ar bearin+ o. !14B 7559 )ith

an intention to use it as a bac-up ar at the ti%e of incident so as to

facilitate their escape fro% the spot after the incident. >PE>6! "SI Sri

(rishan and PE>97 ?eet Singh and PE>1 0ina% (*mar Mishra3.



30/217

I%'#e%! a!e 2.0.2001

>ii? ,fter ensurin+ that &%t. !hoolan 'e(i )as in 'elhi on

25.07.01 &her &in+h ana persuaded %a ashyap and her husband

i*ay ashyap to co%e to 'elhi alo+n)ith hi% to the house of &%t.

!hoolan 'e(i and thus ca%e to 'elhi alon+)ith the% on 25.07.01 in $aruti

ar o. $907. >PE>17 'ma (ash%a), PE>1A i+a% (ash%a), PE>6

(ali -haran, PE>1! M*nni Devi, PE>7 -t. 0alender3

>iii? e as-ed his three other coaccused &he-har &in+h a*bir

and 'han !ar-ash to follo) in another $aruti ar #. ! 14B 7559 and

on the )ay to 'elhi he re%ained in constant touch )ith the% on %obile

phone. >PE>17 'ma (ash%a), PE>1A i+a% (ash%a), PE>16 5*lshan

"rora3.

>i(? #n reachin+ :haAiabad he as )ell as accused a*bir &in+h

both chan+ed their &$ cards and started usin+ &$ o. 9811374806 E

9811374810. >!102 :ulshan ,rora the nodal officer @&&,3

>(? #n the as-in+ of &%t. !hoolan 'e(i he dropped her and her

! t. Balender to !arlia%ent in the %ornin+ hours as the ar of &%t.

!hoolan 'e(i )as not a(ailable. >PE>6 (ali -haran, PE>1! M*nni Devi

and PE>7 -t. 0alender3

>(i? hereafter he alon+)ith coaccused 'han !ar-ash and&he-har )aited in his ar o. $907 outside the house of &%t. !hoolan

'e(i i.e. 44 ,sho-a oad e) 'elhi and as-ed a*bir to re%ain present

)ith the other hite $aruti ar nearby and to pro(e it as a bac- up (ehicle



31/217

after the incident to facilitate their escape. >PE>6! "SI Sri (rishan, PE>7

- 0alender, and PE>97 ?eet Singh3

>(ii? ,t about 1.30 !$ )hen &%t. !hoolan 'e(i returned fro%

!arlia%ent alo+n)ith his ! t. Balender both accused &her &in+h ana

and 'han !ar-ash ca%e out of the ar and )hile he fired at &%t. !hoolan

'e(i initially fro% country %ade pistol and thereafter fro% the re(ol(er

C$,'@ @'F his coaccused 'han !ar-ash fired at t. Balender

initially )ith a country %ade pistol and thereafter )ith re(ol(er %a-e

C@B@D E F resultin+ in the death of &%t. !hoolan 'e(i and+rie(ous in*uries to t. Balender. hey both also dropped the t)o country

%ade pistols on the spot itself. >PE>B S*rinder Sharma PE>6 (ali

-haran, PE>7 -t. 0alender, PE>1! M*nni Devi and PE>169 inod

ishwanath?

>(iii? e alon+)ith accused 'han !ar-ash thereafter fled a)ay fro%

the spot in $aruti ar o. $907 bein+ dri(en by accused &he-har and)hen t. Balender fired at their ar then he and his associates retaliated

by firin+ fro% inside the ar. he firin+ resulted in bullet %ar-s on the rear

+lass of the ar. >PE>6 (ali -haran, PE>1! M*nni Devi, PE>7 -t.

0alender, PE>169 inod ishwanath, PE>1 "SI Satish ?oshi and PE>6!

"SI Sri (rishan3

>i? e and his associates left ar no. $907 near !andit !ant

$ar+ and as the bac-up ar bein+ dri(en by accused a*bir &in+h )as not

a(ailable so they boarded a & o. ' 1 0235 bein+ dri(en by !

Bahadur &hah and after so%e distance they ali+hted fro% it and )ent in



32/217

different directions. >PE>169 inod ishwanath, PE>11! 0ahad*r Shah3

>? hile his coaccused persons )ent in different directions &her

&in+h ana hi%self )ent to :haAiabad. #n the )ay he ran+ up accused

a*bir &in+h on his %obile phone and as-ed hi% to %eet at :haAiabad

and thereafter tra(elled in the other )hite $aruti ar fro% :haAiabad

to)ards arid)ar. ,ccused &he-har &in+h in the %eanti%e ran+ up

accused &her &in+h ana fro% a !# at $eerut and decided to %eet

the% at $eerut bypass and all three thereafter )ent to)ards arid)ar.

>PE>16 5*lshan "rora?

>i? ,t arid)ar he and his associates stayed at hotel !ra%ila and

)here accused &her &in+h ana %ade an entry in the hotel re+ister

i%personatin+ hi%self as ,noop &in+h and thereafter at hotel :an+a(ie)

ishi-esh oad arid)ar on 25.07.01 and 26.07.01 >PE>17 S*rvir

Singh, PE>11B Dee)ak P*rohit and PE>16! 0ab* #am D*be%3

>ii? #n 27.07.01 accused &her &in+h ana addressed a !ress

onference at 'oon !ress lub and confessed that he alo+n)ith a*ender

G a(inder had -illed &%t. !hoolan 'e(i. &oon after the !ress

onference he )as arrested by the police of 'allan)ala 'ehradoon and

)as handed o(er in the custody of 'elhi police. ,fter his arrest by the

police of !& 'allan)ala he a+ain ad%itted before !ress eporters that he

has -illed !hoolan 'e(i. is state%ent re+ardin+ in(ol(e%ent of a*ender

in the present incident )as also found to be false. >!86 &urinder

apoor !87 ishore ,rora and PE>A9 #a+esh Sharma, PE>11 Ins).

#an Singh and PE>1!B Ins). Parikshit3



33/217

>iii? e )as brou+ht to 'elhi and )as produced in the court and

)as re%anded to 10 days police custody. e thereafter %ade a disclosure

state%ent )herein he spilled the beans of the entire conspiracy besides

pointin+ out the place of incident and other places )here he alon+)ith his

other associates had +one after the incident. >PE>11, Ins). #an Singh,

PE>17 Ins)ector S*resh (a*shik?

>i(? e +ot reco(ered ' of the fil% CBandit IueenF fro% his

house beside one diary )herein nu%bers of coaccused !ar(een $ittal

and ,%ti athi )ere found )ritten by hi%. >PE 11 Ins). Satish Sharmaand PE>16 Ins). #a+ender 0hatia?

>(? e )as arrayed for ! on 07.08.01 but he refused to

participate in it. >PE>17 "-P S*resh (a*shik?

>(i? he & dri(er Bahadur &hah in )hich accused &her &in+h

ana alon+)ith &he-har &in+h and 'han !ar-ash had fled a)ay identified

accused &her &in+h ana as one of the three boys )ho had boarded his

& on that day fro% his photo+raph )hen sho)n to hi% ha(in+ been

%ied )ith photo+raphs of other persons. >PE>11! 0ahad*r Shah?

>(ii? ! t. Balender )ho )as in*ured in the incident also identified

hi% fro% his photo+raph as one of the assailants and bein+ already -no)n

to hi%. >PE>7 -t. 0alender?

>(iii? !52 ali haran !104 $unni 'e(i and !129 inod

ish)anth also identified hi% as bein+ one of the assailant. >PE>6 (ali

-haran, PE>1! M*nni Devi and PE>169 inod ishwanath?



34/217

>i? hree chance fin+er prints reco(ered fro% the re(ol(er C$,'@

@'F tallied )ith his thu%b i%pression upon co%parison at ;&

>PE>1! ".P. erma and PE>1!A "wdesh (*mar, $inger Print HJ? he bullets reco(ered fro% the body of &%t. !hoolan 'e(i

)ere found to ha(e been fired fro% the said re(ol(er %a-e C$,'@

,'F. >PE>1!9 (. -. arshene%, 0allistic HJi? ,ccused &har)an u%ar )as found to ha(e lod+ed hi%self in

*ail on 18.07.2001 in the na%e of &her &in+h ana in an already pendin+

case under @cise ,ct in the court of d. ,PE>A SI *shiaar Singh, !85 :an+a a%

!119 a*ender !rasad &har%a !120 ,nil u%ar?

>Jii? he thu%b i%pression on the court record and that of

arid)ar *ail record did not tally )ith that of &her &in+h ana > PE>1

Dee)a erma?

A''se S(e;(a) S#%&(

>i? e )as an old ac=uaintance of accused &her &in+h ana. e

participated in a %eetin+ )ith &her &in+h ana and others at the

residence of &her &in+h ana and )here the entire plan of eecutin+ the

%urder of &%t. !hoolan 'e(i and her ! t. Balender )as )or-ed out

and roles assi+ned to different persons. >PE B6 Panka+ (alra?

>ii? e procured t)o &$ cards o. 9811374806 and 9811374810

fro% 'elhi for bein+ used in the eecution of conspiracy. >PE>16 5*lshan



35/217

"rora?

>iii? e tra(elled alon+)ith accused a*bir and 'han !ar-ash to

'elhi in )hite $aruti ar o. !14B7559 fro% oor-ee on 25.07.01 and

)as in constant touch )ith accused &her &in+h ana throu+h %obile

phone a(ailable )ith accused a*bir. >PE>17 'ma (ash%a) and PE>1A

i+a% (ash%a) and PE>16 5*lshan "rora?

>i(? #n the )ay to 'elhi their car de(eloped so%e sna+ and they

+ot it repaired at C$ohan $otorsF. >PE>11A 4aresh?

>(? ,fter reachin+ 'elhi he alon+)ith accused &her &in+h ana

and 'han !ar-ash )aited outside the house of &%t. !hoolan 'e(i )hile

sittin+ in +reen colour $aruti ar no. $907 and he )as to dri(e car no.

$907 soon after the incident so as to facilitate the escape of &her &in+h

ana and 'han !ar-ash fro% the spot. >PE>7 -t. 0alender?

>(i? hile coaccused &her &in+h ana and 'han !ar-ash )ere

sittin+ inside the car )aitin+ for return of &%t. !hoolan 'e(i fro%

!arlia%ent he stood outside the car and )as seen by t. Balender )hen

he returned )ith &%t. !hoolan 'e(i fro% !arlia%ent ouse. >PE>7 -t.

0alender?

>(ii? hile accused &her &in+h ana fired to)ards &%t. !hoolan

'e(i accused 'han !ar-ash fired to)ards t. Balender initially fro% theircountry %ade pistols and thereafter fro% the t)o re(ol(ers resultin+ in the

death of &%t. !hoolan 'e(i and +rie(ous in*uries to t. Balender and

thereafter they ran a)ay in car no. $907 bein+ dri(en by hi% )hile



36/217

lea(in+ the country %ade pistols at the spot itself. ! t. Balender

ho)e(er fired to)ards the% and the bullet hit the rear +lass of their car and

they also returned fire fro% the car to)ards t. Balender. >PE>6 (ali

-haran, PE>1! M*nni Devi, PE>7 -t. 0alender, PE>169 inod

ishwanath3

>(iii? e thereafter left ar no. $907 at !andit !ant $ar+ and

left t)o %on-ey caps t)o re(ol(ers and 12 li(e cartrid+es on the rear seat

of the car and alon+)ith the t)o other coaccused persons boarded a &

no. ' 1 ; 0235 of Bahadur &hah and on the )ay he +ot do)n fro% the& and )ent to $eerut. >PE>11! 0ahad*r Shah, PE>169 inod

ishwanath3

>i? ;ro% $eerut he ran+ up accused &her &in+h ana on his

%obile phone fro% a !# and %et accused &her &in+h ana and a*bir

at $eerut by pass and tra(elled )ith the% in the )hite $aruti ar bein+

dri(en by accused a*bir and they all stayed at arid)ar in hotel !ra%ilaand )here accused &her &in+h ana %ade an entry in the hotel re+ister

i%personatin+ hi%self as ,noop &in+h and thereafter they all stayed at

otel :an+a ie) ishi-esh oad arid)ar on 25.07.01 and 26.07.01.

>PE>17 S*rvir Singh, PE>11B Dee)ak P*rohit, PE>16! 0ab* #am

D*be% and PE>1B9 #a+ender (*mar &iwari3

>? hereafter on 27.07.2001 he alon+)ith accused &her &in+h

ana a*bir and a*ender )ent to 'ehradoon and )here accused &her

&in+h ana )as arrested by the police soon after he addressed a press

conference at 'oon press lub but he alon+)ith other coaccused persons



37/217

fled a)ay. >!146 nsp. !ari-shit !89 a*esh &har%a?

>i? hereafter he alon+)ith other coaccused &he-har &in+h and

a*ender G a(inder stayed at hotel CDatri-F in i-as a+ar 'ehradun

and thereafter at otel ,sho-a in Da%una a+ar and at otel :reen

nternational in &aharanpur and )here accused &he-har %ade entries in

hotel re+isters in fictitious na%es. >PE>161 San+a% (a)oor and PE>16

Sat)al Singh?

>ii? #n 30.07.01 he alon+)ith accused a*ender G a(inder and

a*bir )as apprehended by the police of !& &aharanpur )hile they all

)ere +oin+ to surrender in the ourts at &aharanpur and at their instance

the said )hite $aruti ar )as also reco(ered fro% corner +ali ,sha

$odern &chool and i(il ourts. hereafter he alon+)ith accused

a*ender and a*bir )ere also for%ally arrested by the 'elhi police officers

and )ere brou+ht to 'elhi. >PE>1 Ins). (.P. Singh, PE>1 DSP 'med

Singh3

>iii? e pointed out the place of occurrence to the police and he

too refused to participate in ! but later on )as identified by the )itnesses

i.e. t. Balender and & dri(er Bahadur &hah and ! inod ish)anath

by )ay of photo ! )hen his photo+raph )as sho)n to the% %ied )ith

photo+raphs of 78 other persons. >PE>7 -t. 0alender, PE>11! 0ahad*r

Shah and PE>169 inod ishwanath and PE>17 "-P S*resh (a*shik3

>i(? &i chance prints)ere lifted fro% car no. $907 and upon

co%parison the sa%e tallied )ith his thu%b and fin+er i%pressions. >PE>

1! S.(. -haddha3.



38/217

>(? e also %ade a disclosure state%ent )herein he spilled the

beans of entire conspiracy >PE>17 Ins)ector S*resh (a*shik3

A''se Ra#) S#%&(

>i? e )as an old ac=uaintance of accused &her &in+h ana and

he too participated in a %eetin+ )ith accused &her &in+h ana and others

at the residence of &her &in+h ana )here the entire plan of eecutin+ the

%urder of &%t. !hoolan 'e(i and her ! t. Balender )as )or-ed out

and roles assi+ned to different persons. >PE>B6 Panka+ (alra3

>ii? #n 25.07.2001 he alon+)ith accused &he-har &in+h and

'han !ar-ash ca%e to 'elhi )hile dri(in+ )hite $aruti ar o. o. !

14B7559 )hile re%ainin+ in constant touch )ith accused &her &in+h

ana throu+h %obile phone o. 9837222779. >PE> (ovid 0atra, PE>16

5*lshan "rora, PE>1B9 #. (. &iwari, PE>171 ivek Malhotra3

>iii? #n the )ay to 'elhi their ar de(eloped so%e sna+ and they

+ot it repaired at C$ohan $otorsF :haAiabad. 2PE>11A 4aresh3

>i(? ,fter reachin+ 'elhi he )aited near :ol 'a-hana in the said

)hite $aruti ar o. !14B7559 so as to pro(ide bac-up to the other

coaccused persons i%%ediately after the incident so as to facilitate their

escape fro% the place of incident. >PE>6! "SI Sri (rishan and PE>97 ?eet

Singh3

>(? e )as sou+ht to be challaned by ,& &hri rishan on account

of )ron+ par-in+ but )as let off by hi% on his re=uest that he is ne) to



39/217

'elhi but his ar o. ! 10B 3007 )as noted do)n on the co(er pa+e of

the challan boo- by ,& &hri rishan. >PE>6! "SI Sri (rishan?.

>(i? ,fter the incident he ho)e(er could not pro(ide necessary

bac-up to the other coaccused persons and subse=uently %et accused

&her &in+h ana at :haAiabad after he contacted hi% on his %obile

phone. >PE>16 5*lshan "rora?

>(ii? hereafter he alon+)ith accused &her &in+h ana pic-ed up

accused &he-har fro% $eerut by pass and )ent to arid)ar in the sa%e

hite $aruti ar and stayed at arid)ar at hotel !ra%ila and )here

accused &her &in+h ana %ade an entry in the hotel re+ister

i%personatin+ hi%self as ,noop &in+h and thereafter they all stayed at

otel :an+a(ie) ishi-esh oad arid)ar on 25.07.01 and 26.07.01

respecti(ely. >PE>17 S*rvir Singh, PE>11B Dee)ak P*rohit and PE>16!

0ab* #am D*be%3

>(iii? #n 26.07.01 he stood surety for accused a*ender G

a(inder in the court of d. ,PE>1! Dee)a erma, PE>19 La1!! Satish

-ha*dhar%, PE>17 -het #am3

>i? #n 27.07.01 he alon+)ith &he-har &in+h a*ender and &her

&in+h ana reached 'ehradun and after accused &her &in+h ana )as

arrested by the police of !& 'allan)ala 'ehradun soon after he

addressed a press conference at C'oon !ress lubF he alon+)ith other co

accused persons fled a)ay fro% there. >PE>A9 #a+esh Sharma,PE>1!B



40/217

Ins)ector Parikshit (*mar3

>? hereafter he alon+)ith other coaccused &he-har &in+h and

a*ender G a(inder stayed at hotel CDatri-F in i-as a+ar 'ehradun

and at hotel ,sho-a Da%una a+ar and at otel :reen nternational at

&aharanpur and )here coaccused &he-har %ade entries in hotel

re+isters in fictitious na%es. >PE>B!, Dee)ak, PE>161 San+a% (a)oor and

PE>16 Sat)al Singh3

>i? #n 30.07.01 he alo+n)ith accused &he-har &in+h and

a*ender )as arrested fro% outside ourts at &aharanpur )here they

)ere +oin+ to surrender and at their instance the )hite $aruti ar )as

reco(ered fro% corner +ali ,sha $odern &chool and i(il ourts.

hereafter their custody )as ta-en by the 'elhi police officers and )ere

brou+ht to 'elhi. e )as arrayed for ! but he refused to participate in it

and )as thereafter identified by ,& &hri rishan fro% his photo after the

sa%e %ied )ith photo+raphs of so%e other persons )as sho)n to hi%.>PE>6! "SI Sri (rishan, PE>1 Ins)ector (. P. Singh, PE>11, Ins). ".(.

Singh and PE>1 DSP 'med Singh3

>ii? is fin+er print also %atched )ith four out of the si chance

prints lifted fro% the )hite $aruti ar o. !14B7559. >PE>1!A SI

"vdesh (*mar?

>iii? e also %ade a disclosure state%ent )herein he spilled the

beans of the entire conspiracy. >PE>17 "-P S*resh (a*shik3



41/217

A''se D(a% Pa);as(

>i? e )as an old ac=uaintance of accused &her &in+h ana and

he also participated in a %eetin+ )ith &her &in+h ana and others at the

residence of &her &in+h ana )here the entire plan of eecutin+ the

%urder of &%t. !hoolan 'e(i )as )or-ed out and roles assi+ned to

different persons. >PE B6 Panka+ (alra?

>ii? e tra(elled alon+)ith accused a*bir and &he-har &in+h to

'elhi in )hite $aruti car o. !14B 7559 fro% oor-ee on 25.07.01 and

)as in constant touch )ith accused &her &in+h ana throu+h %obile

phone a(ailable )ith accused a*bir. >PE> (ovid 0atra and PE>16

5*lshan "rora?

>iii? #n the )ay to 'elhi their car de(eloped so%e sna+ and they

+ot it repaired at C$ohan $otorsF :haAiabad. >PE>11A 4aresh?

>i(? ,fter reachin+ 'elhi he alon+)ith accused &her &in+h ana

and &he-har &in+h )aited outside the house of &%t. !hoolan 'e(i )hile

sittin+ in +reen colour $aruti ar no. $907 and )hen at about 1"30 !$

&%t. !hoolan 'e(i escorted by t. Balender returned fro% !arlia%ent then

he and &her &in+h ana +ot do)n fro% the car and )hile &her &in+h

ana fired to)ards &%t. !hoolan 'e(i he hi%self fired to)ards t.

Balender initially )ith a country %ade pistol and thereafter )ith re(ol(er

%a-e Cebley E &cottF resultin+ in the death of &%t. !hoolan 'e(i and

+rie(ous in*uries to t. Balender. hereafter they fled a)ay fro% the spot in

car no. $907 bein+ dri(en by &he-har )hile lea(in+ the country %ade

pistols at the spot itself. >PE>6 (ali -haran, PE>1! M*nni Devi, PE>7



42/217

-t. 0alender, PE>169 inod ishwanath?

>(? t. Balender ho)e(er fired to)ards their ar o. $907 and

the bullet hit the rear +lass of the car. o)e(er he and his coaccused also

returned fire fro% the car. >PE>7 -t. 0alender, PE>169 inod

ishwanath?

>(i? e and his coaccused persons thereafter left ar o. $

907 at !andit !ant $ar+ lea(in+ t)o re(ol(ers >)eapons of offence? t)o

%on-ey caps and 12 li(e cartrid+es on the rear seat of the ar. > PE>1

"SI Satish ?oshi, PE>6! "SI Sri (rishan, PE>169 inod ishwanath,, PE>

1B7 "-P 5. L. Mehta3

>(ii? hereafter he alon+)ith accused &her &in+h ana and

&he-har &in+h boarded & o. ' 1; 0235 bein+ dri(en by one

Bahadur &hah and ali+hted fro% it after so%e distance and )ent to so%e

un-no)n place. >PE>11! 0ahad*r Shah, PE>169 inod ishwanath3

>(iii? e )as subse=uently arrested by the arid)ar !olice fro%

oor-ee and his custody )as ta-en by nsp. .!. &in+h on 04.08.01 and

)as produced in 'elhi on 05.08.01 and )as arrayed for ! but he refused

to participate therein. >PE>1 Ins)ector (. P. Singh3

>i? e )as thereafter identified by t. Balender and & dri(er

Bahadur &hah by )ay of photo ! )hen his photo )as sho)n to the%after %iin+ it )ith photos of 78 other persons. >!73 t. Balender and

!114 Bahadur &hah?



43/217

>? is fin+er prints tallied )ith the 3 chance prints lifted fro% the

re(ol(er Cebley and &cottF reco(ered fro% the rear seat of car no. $

907. >PE>1!A SI "vdesh (*mar?

>i? e also %ade a disclosure state%ent statin+ the details of the

conspiracy so entered by the%. >PE>17 "-P S*resh (a*shik3

A''se 9#a S#%&( Ra%a : Ra

>i? e )as the brother of accused &her &in+h ana and he too

participated in the %eetin+ )ith &her &in+h ana and others held at their

residence )here the entire plan of eecutin+ the %urder of &%t. !hoolan

'e(i and her ! t. Balender )as )or-ed out and roles assi+ned to

different conspirators. >PE B6 Panka+ (alra?

>ii? e procured %obile phone no. 9837222779 fro% his friend

o(id Batra G annu Batra on 24.07.01 for a day and pro(ided it to

accused &her &in+h ana for bein+ used durin+ the course of eecution of

conspiracy to %urder &%t. !hoolan 'e(i. >PE> (ovid 0atra?

>iii? e )as assi+ned the tas- of first ensurin+ i%prison%ent of

&har)an u%ar in the na%e of &her &in+h ana in an already pendin+

case under @cise ,ct in the court of d. ,


44/217

>iii? #n 25.07.2001 soon after the incident upon recei(in+ call fro%

accused &her &in+h ana he alon+)ith his fa%ily and ! 62 !an-a*

alra another friend of accused &her &in+h ana ran a)ay fro% their

house in oor-ee and stayed at hotel ')apar in $ussoorie. #n 26.07.01

he also %et accused &her &in+h ana at arid)ar rail)ay station. >PE>B1

Davender (*mar Mittal3

>i(? #n 10.08.01 he )as arrested by 'elhi !olice and he %ade a

disclosure state%ent spillin+ out the beans of entire conspiracy. >PE>17

Ins)ector S*resh (a*shik3

A''se Rae%e) : Rai? e )as an old ac=uaintance of accused &her &in+h ana and

)as present in the %eetin+ held at the house of accused &her &in+h ana

prior to the incident )herein all the %odalities of the conspiracy to be

eecuted )ere discussed and the roles assi+ned to (arious conspirators.

>PE>B6 Panka+ (alra3

>ii? n order to %islead the police in their in(esti+ation a*ender

&in+h +ot hi%self arrested on 04.07.2001 in a case u/s 60 @cise ,ct at !&

arid)ar? and despite bail orders ha(in+ been passed by the

court did not offer sureties and thereby chose to re%ain inside *ail till

26.07.2001 i.e. till after the %urder of &%t. !hoolan 'e(i. >PE>! SI Inder

Singh, PE> -t. "shwani (*mar, PE>A 5anga #am Pra+a)ati, PE>19

La1!! Satish -ha*dhar%3

>iii? ,ccused a*bir and &urender stood sureties for accused



45/217

a*ender on 26.07.2001 .e a day after the %urder of &%t. !hoolan 'e(i in

fictitious na%e and on the basis of false docu%ents. >PE>1! Ms. Dee)a

erma, PE>19 La1!! Satish -ha*dhar% and PE>17

-het #am3

>i(? he date 26.07.2001 )as chosen as a date for tenderin+

surety bonds on the +round that )hile accused &her &in+h ana )ill clai%

before the %edia at 'oon !ress lub on 27.07.2001 that he alon+)ith

accused a*ender G a(inder had carried out the %urder of &%t. !hoolan

'e(i and the attac- on t. Balinder the ! of &%t. !hoolan 'e(i and

)hen later on the char+e sheet )ill be filed in the court then the clai% of

the police )ould be falsified by sho)in+ that a*ender )as in *ail on the

actual date of co%%ission of offence. >PE>B6 Panka+ (alra3

>(? ,fter his release fro% *ail he %o(ed alon+)ith &her &in+h

ana &he-har and a*bir to different places and stayed at otel Datri- in

i-as a+ar 'ehradun and thereafter at hotel ,sho-a Da%una a+ar and

at otel :reen nternational &aharanpur and )here accused &he-har

%ade entries in hotel re+isters in fictitious na%es. >PE>B! Dee)ak,PE>

161 San+a% (a)oor and PE>16 Sat)al Singh3

>(i? e )as finally arrested on 30.07.2001 at &aharanpur alon+)ith

&he-har and a*bir )hen they all )ere +oin+ to surrender before the

courts at &aharanpur and the )hite $aruti ar )as reco(ered at their

instance fro% corner +ali ,sha $odern &chool and i(il ourts. >PE>1

Ins)ector (. P. Singh, PE>11 Ins). ".(. Singh and PE>1 DSP 'med

Singh3.



46/217

>(i? e %ade a disclosure state%ent after his arrest )herein he stated

about the details of the conspiracy so hatched. >PE>17 Ins)ector S*resh

(a*shik3

A''se S)e%e) S#%&( Ne

>i? e )as an ac=uaintance of accused &her &in+h ana and

)as )or-in+ at the li=uour (end of accused &her &in+h ana )hich )as

+ot allotted in the na%e of !an-a* alra at e*upur oor-ee. >PE>!1 ".(.

Sharma,PE>B6 Panka+ (alra, PE>99 San+a% (*mar and PE>1 /m Pal3

>ii? e participated in a %eetin+ )ith coaccused &her &in+h

ana and others held at the residence of &her &in+h ana )here the

entire plan of eecutin+ the %urder of &%t. !hoolan 'e(i and her ! t.

Balender )as )or-ed out and roles assi+ned to different conspirators.

>PE>B6 Panka+ (alra?

>iii? #n 26.07.01 he stood surety for a*ender i%personatin+

hi%self as irender :iri and by furnishin+ false docu%ents of &cooter o.

! 10, 9630. > PE>1! Ms. Dee)a erma, PE>19 La1!!

Satish -ha*dhar% and PE>17 -het #am3

>i(? #n 08.08.01 he )as arrested at !& &ha%pur arid)ar and he

%ade a disclosure state%ent )herein he stated about the conspiracy soentered into by the%. >PE>19 SI Parkash -hand and PE>17 Ins)ector

S*resh (a*shik3



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A''se Pa)i? e )as an ,d(ocate practicin+ at oor-ee ourts and )as an

old ac=uaintance of accused &her &in+h ana. e )as also present in the

%eetin+ held at the house of accused &her &in+h ana )herein details of

the conspiracy so hatched )ere discussed. >PE>B6 Panka+ (alra?

>ii? e +a(e le+al ad(ise to accused &her &in+h ana as to ho)

the conspiracy ou+ht to be eecuted and ho) false plea of alibi can be

created by sho)in+ hi%self inside *ail on the alle+ed date of incident and

thereby escapin+ fro% the lon+ hands of la). >PE>17 Ins)ector S*resh

(a*shik3

>iii? e also ad(ised accused &her &in+h ana to put for)ard the

na%e of one a*ender as the second assailant and )hile -eepin+

a*ender actually in *ail in so%e other case so that later on the case of the

prosecution %ay fall flat. >PE>17 Ins)ector S*resh (a*shik3

>i(? e also pro(ided one re(ol(er C$,'@ @'F to accused

&her &in+h ana -no)in+ fully )ell that the sa%e )ill be used in the

co%%ission of %urder of &%t. !hoolan 'e(i. >PE B6 Panka+ (alra?

>(? e )as arrested on 02.08.01 and %ade a disclosure

state%ent )herein he stated about the details of the conspiracy so

hatched. >PE>17 Ins)ector S*resh (a*shik?

>(i? #n 16.08.2001 one diary )as alle+edly reco(ered fro% the

house of &her &in+h ana )here &her &in+h ana had )ritten his phone



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nu%ber and that of coaccused ,%it athi. >PE>11 SI Satish Sharma and

PE>16 Ins)ector #a+ender 0hatia3

A''se A+#! Ra!(#

>i? ,ccused ,%it athi )as runnin+ a +un house in the na%e of

C&ubhash :un ouseF at oor-ee and )as an old ac=uaintance of

accused &her &in+h ana. >PE>7 "aG "hmed3

>ii? e %ade a(ailable one re(ol(er labelled C@B@D E F

to accused &her &in+h ana -no)in+ fully )ell that it )as to be used in the

%urder of &%t. !hoolan 'e(i. >PE>17 Ins)ector S*resh (a*shik3

>iii? e also +ot the +roo(es of the re(ol(er te%pered throu+h his

e%ployee ,fa= ,h%ed so that it %ay not tally )ith the bullets so fired fro%

it. >PE>7 "aG "hmed?

>i(? ,fter the incident upon recei(in+ phone call fro% &her &in+h

ana he )ent a)ay after closin+ do)n his shop. >PE>16 5*lshan "rora,

PE>1B9 #. (. &iwari3

>(? e )as also arrested by the 'elhi !olice on 02.08.01 and he

%ade a disclosure state%ent )herein he stated about the details of the

conspiracy so entered into by the%. >PE>17 Ins)ector S*resh (a*shik3

>(i? #n 16.08.2001 one diary )as alle+edly reco(ered fro% the

house of &her &in+h ana )here &her &in+h ana had )ritten his phone

nu%ber and that of coaccused ,%it athi. >PE>11 SI Satish Sharma and

PE>16 Ins)ector #a+ender 0hatia3



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A''se S(a)a% @+a)

>i? e )as )or-in+ at the li=uour (end of accused &her &in+h

ana at e*upur oor-ee )hich )as allotted in the na%e of !an-a* alra.

>PE>!1 ".(. Sharma, PE>B6 Panka+ (alra, PE>99 San+a% (*mar and

PE>1 /m)al Singh3

>ii? e also participated in the %eetin+ )ith coaccused &her

&in+h ana and other accused persons held at the residence of &her

&in+h ana )here the entire plan of eecutin+ the %urder of &%t. !hoolan

'e(i )as )or-ed out and roles assi+ned to different conspirators. >PE>B6

Panka+ (alra?

>iii? #n 18.07.2001 he )ent to arid)ar *ail i%personatin+ hi%self

as accused &her &in+h ana after &urender &in+h ana father of

accused &her &in+h ana )ithdre) his surety bond. e si+ned ourt

record and *ail record and put his thu%b i%pression o(er there as accused

&her &in+h ana. e thereafter ca%e out on bail on the basis of fa-e

surety furnished by accused &urender &in+h e+i and a*bir &in+h. > PE>

A SI *shiaar Singh, PE>A 5anga #am, PE>1! Ms. Dee)a erma,

PE>1A "dvocate #amesh -hander "garwal, PE>19 La1!! "dvocate Satish -ha*dhar%, PE>17 -het #am3

>i(? ,fter the incident he absconded and )as declared proclai%ed

offender and ca%e to be apprehended only in PE>16B E8-t. "nita, PE>

16 Ins)ector 0raham+eet Singh and PE>17 Ins)ector S*resh (a*shik3



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>(? H#s !(+ #+)ess#o% e)e o!a#%e a% !(e sa+e !a$$#e

#!( !(a! o% !(e Ha)#a) Co)! )e'o) o) !(a! o% !(e Ha)#a) Ja#$

)e'o).

A''se @es(a< C(a(a%

>i? e )as a (isitor to the house of &%t. !hoolan 'e(i and had

co%e on 25.07.2001 only. #n the day of incident )hen firin+ too- place

and the assailants dropped t)o country %ade pistols >)eapons of offence?

at the spot so in the co%%otion )hich too- place soon thereafter he pic-ed

up the said country %ade pistols )ith a (ie) to earn %oney by sellin+ the%

at so%e later point of ti%e and -ept the% in a +ara+e in the house of &%t.

!hoolan 'e(i. >!6 &urender &har%a PE>167 #am -handra (ash%a),

PE>1!1 #an+eet (herwar, PE>1B 'med Singh?

>ii? !6 &urender &har%a a chance )itness sa) hi% re%o(in+

the t)o country %ade pistols fro% the spot. ater on he told about it to #

,! &uresh aushi- >PE>B S*render Sharma and PE>17 Ins). S*resh

(a*shik3

>iii? #n 26.07.2001 !141 an*eet her)ar sa) the t)o country

%ade pistols in the +ara+e of house no. 44 ,sho-a oad and later on

upon co%in+ to -no) that accused esha( hauhan -ept the% o(er there

he infor%ed a% handra ashyap about it and )ho in turn infor%ed

%ed &in+h. %ed &in+h thereafter on 30.07.01 infor%ed nsp. &uresh

aushi- in )ritin+ about the said t)o desi -attas lyin+ in the +ara+e of the

house and thereafter the t)o desi -attas )ere reco(ered fro% the +ara+e

of the house of &%t. !hoolan 'e(i .e 44 ,sho-a oad. >PE>167 #am



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-handra (ash%a), PE>1!1 #an+eet (herwar, PE>1B 'med Singh and

PE>17 Ins)ector S*resh (a*shik3

e thus caused disappearance of the e(idence of the cri%e

by re%o(in+ and concealin+ the t)o )eapons of offence fro% the spot.

38. ,s earlier %entioned for the purposes of ready reference a%

hereby %entionin+ the na%es of all the 171 prosecution )itnesses beside

the 5 defence )itnesses and 5 ourt )itnesses in a tabular for% )ith a

(ery brief reference of the role played by the% durin+ the course of

in(esti+ation.

PROSECUTION WITNESSES

S.No NA?E OF THE WITNESS RE?AR@S

!1 ir%al handra&arba*na

#)ner of ,%antran :uest ouse

2 !2 . !urshotta% ao #&' &ecurity !arlia%ent &treet

3 !3 o(id Batra ;riend of accused &her &in+h ana and o)ner of %obilephone no. 9837222779

4 !4 ,shu &har%a e sold %obile phone !anasonic :'92 to accused &her&in+h ana after purchasin+ fro% :ray $ar-et >:affar$ar-et?

5 !5 nder*eet &er(ice ,d(isor at $aruti &er(ice $aster #-hla )herecar of &%t. !hoolan 'e(i )as bein+ repaired

6 !6 &urender &har%a hance )itness at the ti%e of incident

7 !7 nspector a)a &in+h nspector !olice ontrol oo% )here phone callspertainin+ to incident )ere recei(ed

8 !8 uldeep e recorded different infor%ation at !olice ontrol oo%

9 !9 nspector !hool &in+h nchar+e !olice ontrol oo%

10 !10 Bha+)ati ecorded infor%ation recei(ed in raffic ontrol oo% onthe day of incident

11 !11


52/217


12 !12 'hara%bir ecorded infor%ation in raffic ontrol oo% on the dayof incident

13 !13 ,& &atish


53/217


30 !30 a*a u%ar ;riend of accused &her &in+h ana and studied )ith hi%at &t. :abriel &chool oor-ee

31 !31 e%ant &oni ,ccountant # #ffice :haAiabad !

32 !32 $adanpal &in+h ' # #ffice Burari

33 !33 'r. !radeep &aena e prepared death report of &%t. !hoolan 'e(i at $hospital

34 !34 & nder &in+h e arrested accused a*ender on 03.07.2001 in a caseat arid)ar for the offence u/s 60 @cise ,ct

35 !35 t arender &in+h 'uty onstable at $ hospital

36 !36 'r. eena $aha*an &he ea%ined in*ured t. Balender at $ hospital

37 !37 'r. $.! ,rora e also ea%ined in*ured t. Balender at $ hospital

38 !38 'r. $adhu atra*an adiolo+ist )ho too- Jay of t. Balender

39 !39 t ,sh)ani u%ar e alon+)ith t. &an*ay u%ar apprehended accuseda*ender on 03.07.2001 at arid)ar )hile he )ascarryin+ a can of li=uor

40 !40 t arinder &in+h 'uty #fficer at !&


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53 !53 . ya+i !olice official of !& ot)ali 'ehradun

54 !54 a%*it &in+h ecorded infor%ation at !olice ontrol oo% on the day

of incident

55 !55 nspector arpal&in+h

nspector &ecurity in+ 'elhi !olice

56 !56 a%al &in+h nchar+e ! an ictor31 )hich reached at the spotfirst of all

57 !57 ,& Kile &in+h ecord ler- !olice ontrol oo%

58 !58 ,& irender &in+h ead $orhar !& 'allan)ala 'ehradun

59 !59 & e*pal nchar+e @ Bloc- &ecurity in+ 'elhi !olice

60 !60 'r. !oona% ohra &he pro(ed report of adiolo+ist 'r. $adhu atra*an>)ho )as not a(ailable? re+ardin+ Jay plates of t.

Balender

61 !61 'e(ender u%ar$ittal

#)ner of otel ')apar $ussoorie

62 !62 !an-a* alra ;riend of accused &her &in+h ana and star )itness =uaconspiracy

63 !63 & Balbir &in+h aryana !olice #fficer posted at Da%una a+ar

64 !64 'eepa- &/o !re%!ra-ash

eceptionist otel ,sho-a Da%una a+ar

65 !65 &


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76 !76 .&. a)at ' ady ardin+ $edical olle+e

77 !77 t. &atpal 'uty onstable $ hospital

78 !78 ,ddl. '! anbir&in+h

,! !& !arlia%ent &treet at the ti%e of incident

79 !79 & $ahesh u%ar 'rafts%an ri%e Branch

80 !80 & Bhi% &en !osted at ri%e Branch 'elhi !olice and participated inthe in(esti+ation

81 !81


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102 !102 :ulshan ,rora odal #fficer @&&,

103 !103 $ahender

u%ar

nchar+e ! an )ho (isited !andit !ant $ar+ )here

car o. $ 907 )as found

104 !104 $unni 'e(i &ister of &%t. !hoolan 'e(i )ho re%o(ed her and t.Balender to hospital

105 !105 'aan &in+h e+i hief ,sstt. ,# #ffice arid)ar ttranchal

106 !106 Bhartendu aushal e prepared car nu%ber plate bearin+ no. ! 10 B 3007

107 !107 &ur(ir &in+h &ecurity :uard otel :an+a ie) arid)arishi-eshoad

108 !108 ,& #% !ra-ash !osted at ri%e Branch 'elhi !olice and participated inthe in(esti+ation

109 !109 & !ra-ash hand !osted at ri%e Branch 'elhi !olice and participated in

the in(esti+ation

110 !110 .. u%ar 'eputy &! ational ri%e ecord Bureau

111 !111 &h. .. Dada(.d. ,'1? here shall be a pri%a facie e(idenceaffordin+ a reasonable +round for a ourt to belie(e thatt)o or %ore persons are %e%bers of a conspiracyN >2? ifthe said condition is fulfilled anythin+ said done or )ritten

by any one of the% in reference to their co%%on intention)ill be e(idence a+ainst the otherN >3? anythin+ said doneor )ritten by hi% should ha(e been said done or )rittenby hi% after the intention )as for%ed by any one of the%N>4? it )ould also be rele(ant for the said purpose a+ainstanother )ho entered the conspiracy )hether it )as saiddone or )ritten before he entered the conspiracy or afterhe left itN and >5? it can only be used a+ainst a coconspirator and not in his fa(our. >&ee the decision of&upre%e ourt reported as &ardar &ardul &in+h ( &tate of$aharashtra , 1957 & 747.?F

41. Beside the direct e(idence of the eye )itnesses of the incident

the prosecution case pri%arily rests upon circu%stantial e(idence. t )ill

be thus appropriate to refer to the discussion by onHble i+h ourt on

circu%stantial e(idence also %ade in the said case itself i.e. Ra;es(

@+a) a% O)s. /s)a

C135. ,s discussed in the fore+oin+ paras %ore often than

not the prosecution )ould adduce circu%stantial e(idenceto pro(e the char+e of conspiracy. he =uestion )hicharises is that )hat should be the nature of circu%stantiale(idence in a case of conspiracy to brin+ ho%e the +uilt ofthe accused persons.



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136. he )ell -no)n rule +o(ernin+ circu%stantiale(idence that " >a? the circu%stances fro% )hich theinference of +uilt of the accused is dra)n ha(e to be

pro(ed beyond reasonable doubt and ha(e to be sho)n tobe closely connected )ith the principal fact sou+ht to beinferred fro% those circu%stancesN >b? the circu%stancesare of a deter%inati(e tendency unerrin+ly pointin+to)ards the +uilt of the accusedN and >c? thecircu%stances ta-en collecti(ely are incapable ofeplanation on any reasonable hypothesis sa(e that of the+uilt sou+ht to be pro(ed a+ainst hi% is fully applicable incases of proof of conspiracy. he courts ha(e added t)oriders to aforesaid principleN na%ely >i? there should be no%issin+ lin-s but it is not that e(ery one of the rl.,

Documents

Phoolan Devi Murder Case Judgement