ACP Rajbir Singh Murder Case Judgement

8/20/2019 ACP Rajbir Singh Murder Case Judgement

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CBI Vs Vijay Bhardwaj

1

In the Court of Sh. Rakesh Kumar Yadav, Addl. Sessions Judge-cum-Special Judge C!I" #ar$ana at %anchkula.

Case No.6 of 2008.

Code No.203600011972013

Filing No.11972013.

!a"e of Ins"i"#"ion$ 19.08.2008.

!a"e of !e%ision$ 23.10.201&.

CBI Vers#s Vijay Bhardwaj son of 'hri (h#shi )a*+ age,&2 years+residen" of -o#se No.829+ 'e%"or,1+ /#rgaon.

,,,,%%#sed.

)C No. '2008CBI'CB.INew !elhi da"ed 02.06.2008.

nder 'e%"ion$ 302 I4C and 2&27 of Indian r*s %".

4oli%e '"a"ion$ CBI'CBNew !elhi.

4resen"$, 'h. )ajan !ahiya+ '5e%ial 4#li% 4rose%#"or for "he CBI.

%%#sed in %#s"ody re5resen"ed y 'hri nil (a#shi+

do%a"e.

J&'()*+ -

'"a"ely+ a%%#sed Vijay Bhardwaj 'o la"e 'h. (h#shi )a* )o

-.No. 829+ 'e%"or,1+ /#rgaon was a 5ro5er"y dealer and was

*ain"aining his sho5,%#*,offi%e on ehra#li )oad+ /#rgaon. :he

a%%#sed was haing #siness rela"ions wi"h )ajir 'ingh+ C4 in !elhi

4oli%e sin%e de%eased. ;n 2.03.2008+ 'I 4radee5 (#*ar 4


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2

(rishan !e+ '#,Ins5e%"or 4


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3

"aen in"o 5oli%e 5ossession y "he Ines"iga"ing ;ffi%er 'hri (rishan !e

4#re *e*o *.%/-0126". :he shoes and shir" was

%oner"ed in"o se5ara"e 5ar%els+ whi%h was sealed y "he Ines"iga"ing

;ffi%er. :hereaf"er+ "he aforesaid 5oli%e offi%ials again wen" "o "he 5la%e of

o%%#rren%e i.e. offi%e,%#*,sho5 of a%%#sed Vijay Bhardwaj.

2. ;n 5la%e of o%%#rren%e a" differen" 5oin" of "i*e lood,

s"ained news5a5er *.%-064 to *.%-067"+ one roen %al%#la"or *.%-

065"+ "wo 5ie%es of #lle" lead *.%-89"+ one %hair *.%-16"+ "wo glass

"#*lers *.%-18 to *.%-17"+ "wo soda wa"er o""les *.%-15 : %-14"+

one 5a%e" of =ehar Na*een *.%-11" were "aen in"o 5oli%e

5ossession ide sei>#re *e*o *.%/-0125. oile 5hone of de%eased

)ajir 'ingh C4 !elhi 4oli%e was "aen in"o 5ossession ide sei>#re

*e*o *.%/-0826"+ handag of de%eased )ajir 'ingh was "aen in"o

5ossession ide sei>#re *e*o *.%/-0824" and elongings of )ajir

'ingh were "aen in"o 5ossession ide sei>#re *e*o *.%/-0820". :he

s%ene of %ri*e was 5resered y "he Ines"iga"ing ;ffi%er "ill arrial of

Ballis"i%s "ea*. I" is also a %ase of "he 5rose%#"ion "ha" '# Ins5e%"or

(rishan !e 4


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of -o*e ffairs *.%-3 to *.%-5" were re%oered. In "he *eanwhile+

-ead Cons"ale =il# )a* 4


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&

)ajir 'ingh C4+ %onsis"ing !r. #esh )a*5al4#re *e*o *.%/-0520".

&. ;n 2&.03.2008 a" ao#" 1$30 5.*.+ "ea* fro* F'= isi"ed "he

5la%e of o%%#rren%e i.e. sho5,%#*,offi%e of a%%#sed and 5re5ared re5or"

*.%/08206" ao#" s%ene of %ri*e da"ed 09.0&.2008 along wi"h ro#gh

se"%h *.%/1920" of rela"ie 5osi"ioning of fi""ings and f#rnishings and

a relean" *a"erial oje%" in%l#ding #lle"s+ %hairs+ 5ool of lood e"%. e"%.

and 5oin"ed o#" "wo #lle" 5roje%"iles+ o#" of "he* one was fo#nd

e*edded in head res" of %hair 5la%ed a%ross "he "ale and ano"her

5roje%"ile #lle" lying on "he glass "o5 of "ale. !#ring isi"ing s%ene of


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6

%ri*e+ 5ho"ogra5hs *.%/-1923 to *.%/-19201" were "aen and "he

5rin" o#" of "he 5ho"ogra5hs "aen were *ade 5ar" of "he re5or" of s%ene of

%ri*e. ;n 2&.03.2008+ an a55li%a"ion *.%/-03203" was *oed "o ;+

/eneral -os5i"al /#rgaon "o see his o5inion regarding en"ry and eDi"

wo#nd and in 5#rs#an%e of "ha" !r. '.(.'har*a 4


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7

Bhardwaj s#ffered ano"her dis%los#re s"a"e*en" *.%/-0821"+ dis%losing

"herein+ "ha" he had wri""en a s#i%ide no"e+ whi%h is e5" in enelo5e and

lying in regis"er and he %an ge" "he sa*e re%oered. In 5#rs#an%e of

dis%los#re s"a"e*en" of a%%#sed+ "he a%%#sed lead "he 5oli%e 5ar"y a" "ha"

5la%e and go" re%oered one enelo5e %on"aining so*e wri""en *a"erial

and "he sa*e was fo#nd lying in "he regis"er. -e also go" re%oered le""er

heads of his offi%e,%#*,sho5 #nder na*e and s"yle of s Vijay and

sso%ia"es 4ro5er"y Cons#l"an"s and o"her relean" *a"erial whi%h was

"aen in"o 5ossession y 5oli%e ide sei>#re *e*o *.%/-082;".

8. ;n 0.0.2008+ %asse""e whi%h was 5re5ared d#ring

5os"*or"e* of de%eased )ajir 'ingh was "aen in"o 5oli%e 5ossession

ide sei>#re *e*o *.%/-08209".

9. !#ring ines"iga"ion infor*a"ion was re%eied fro* anoj

'hiarwar+ ?


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8

of a%%#sed along wi"h s5e%i*en signa"#re and handwri"ing of "he a%%#sed

was sen" "o F'= adh#an and in "his regard re5or" *.%/-47201" was

re%eied. '#seA#en"ly+ ines"iga"ion of "his %ase was "ransferred "o CBI

ide no"ifi%a"ions da"ed 1..2008 and 27.&.2008 of /o". of India.

11. =earned rea agis"ra"e ide order da"ed 19.08.2008

%o**i""ed "he %ase as offen%e was 5#nishale #nder 'e%"ion 302 of

Indian 4enal Code and 2&27 of Indian r*s %"+ whi%h is eD%l#siely

"riale y "he Co#r" of 'essions.

C#AR(*S

12. Vide order da"ed 09.09.2008+ "he a%%#sed was %harge,shee"ed

for "he offen%es 5#nishale #nder 'e%"ion 302 Indian 4enal Code and

2&27 of "he r*s %" "o whi%h he 5leaded no" g#il"y and %lai*ed "rial.

*


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9

oer "o CBI d#ring ines"iga"ion. e*o in "his regard is *.%/023.

arlier a%%#sed was haing good re5#"a"ion #" he had s"ar"ed de*anding

one or "wo days "i*e for re"#rn of *oney.

1. :he 5rose%#"ion has f#r"her eDa*ined %/-3 %urshottam

son of Shri )am Chand. :his wi"ness has de5osed "ha" he was r#nning a

#siness of 5ro5er"y #nder "he na*e and s"yle of Vaishno 4ro5er"ies+

/#rgaon and he along wi"h ?asir 'ingh were 5ar"ners. -e had adan%ed

16.00 la%s "o a%%#sed for 5#r%hase of a 5lo" and i" was agreed "ha" 5rofi"₹

will e eA#ally diided e"ween hi* and a%%#sed. %%#sed had gien a

lan %heA#e as se%#ri"y or g#aran"ee. :he a%%#sed re"#rned 10.00 la%s₹

"o hi* wi"hin 2 *on"hs. ;n "he day of in%iden"+ he had gien a lan %all

"o "he a%%#sed and %%#sed sen" '' "ha" he will %all hi* wi"hin 10

*in#"es. :he a%%#sed gae hi* a %all a" ao#" 3.00 5* infor*ing "ha" he

was o#" of s"a"ion+ he will ge" "he sale deed eDe%#"ed and re"#rn "he

*oney. n a*o#n" of 6.00 la%s was o#"s"anding agains" "he a%%#sed as₹

5rin%i5al s#*. ;n 2&.03.2008 he %a*e "o now "ha" a%%#sed had

orrowed *oney fro* o"hers. :he lan %heA#e *.%/323 signed y

a%%#sed was handed oer y hi* "o CBI ide *e*o *.%/320 and "he

a*o#n" of %heA#e was 20 la%s.₹

1&. :he 5rose%#"ion has f#r"her eDa*ined %/-6 Anil )alik son

of Shri Amar Singh )alik . :his wi"ness has de5osed "ha" he nows

a%%#sed sin%e 2000. -e %a*e in"o %on"a%" wi"h a%%#sed a" "he residen%e of

his ro"her,in,law 'adh# Bh#5ender 'ingh who was in "he #siness of


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5ro5er"y dealing in /#rgaon. -e was de5#"ed wi"h -! offi%e in "he

year 2000 "ill ar%h 200& and d#ring "his 5eriod he *e" wi"h a%%#sed

who #sed "o isi" -! offi%e a" /#rgaon for ao#" 1&,20 "i*es. -e was

sear%hing for s*all 5lo" *eas#ring 200,2&0 'A. Hards a" /#rgaon and in

"his regard he reA#es"ed "he a%%#sed. :he a%%#sed de*anded s#* "oen

a*o#n" and he 5aid 6.00 la%s "o "he a%%#sed. f"er arranging "he₹

a*o#n" y *or"gaging "he jewellery of his wife wi"h #"hoo" /ro#5+

"he a%%#sed %o#ld no" lo%a"e any s#i"ale 5lo" for 2,3 *on"hs. -e was

de*anding re"#rn of *oney and "he a%%#sed ass#red "o re"#rn "he sa*e.

;n one o%%asion+ in "he *on"h of !e%e*er 2007 when he wen" "o "he

offi%e of a%%#sed and fo#nd hi* in a ha55y *ood+ on inA#iry "he a%%#sed

"old "ha" C4 )ajir 'ingh is 5os"ed in '5e%ial Cell as wri""en in :i*es of

India News5a5er. :he a%%#sed also "old "ha" he new C4 )ajir 'ingh

sin%e he was s"#dying wi"h hi*. ;n 2.03.2008 a%%#sed "old hi* "o

re"#rn "he a*o#n". -e "ried "o %on"a%" and also sen" '' "o hi*. ;n "his

Vijay Bhardwaj infor*ed hi* "ha" "he *oney wo#ld e re"#rned wi"hin a

wee or 10 days 5osi"iely. ;n 2&.03.2008 he %a*e "o now fro* :V

"ele%as" "ha" C4 )ajir 'ingh was *#rdered y a%%#sed.

16. :he 5rose%#"ion has f#r"her eDa*ined %/-5 =m %arkash

Yadav son of Shri Amar Singh. :his wi"ness has de5osed "ha" he was

dealing in "rans5or" #siness #nder "he na*e and s"yle of *ar "raels

sin%e 1996 as was also doing %ar@s #siness. -e new Vijay Bhardwaj.

Vijay Bhardwaj was dealing wi"h "he 5ro5er"y #siness and his offi%e was


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lo%a"ed near his ho#se. %%#sed #sed "o "ae *oney fro* hi* for

ines"ing in his 5ro5er"y #siness ranging fro* 1.00 la% "o &.00 la% and₹

#sed "o re"#rn "he *oney af"er ,& days. =as"ly in "he eginning of 2008+

a%%#sed orrowed la%s fro* hi*. -e did no" re"#rn "he *oney and₹

e5" on 5#""ing off hi* on one 5re"eD" or "he o"her. -e do no" now ao#"

"he re5#"a"ion of "he a%%#sed. =as"ly on 21s"

and 22nd

ar%h+ 2008+ he had

ased "he a%%#sed "o re"#rn "he *oney and "he a%%#sed ass#red he wo#ld

re"#rn "he a*o#n" wi"hin 2,3 days. %%#sed #sed "o say "ha" C4 )ajir

'ingh was his friend and "old hi* if "here is any 5role*+ he %an hel5 hi*

o#".

17. :he 5rose%#"ion has f#r"her eDa*ined %/-4 Jai?ir Singh

son of Shri Chhat?ir Singh. :his wi"ness has de5osed "ha" he was

woring as a 5ro5er"y #siness*an #nder "he na*e and s"yle of ?a"in

4ro5er"ies for "he las" ,& years. arlier he was r#nning #siness of %ar

sale and 5#r%hase in "he na*e of ?! o"ors+ !elhi )oad+ /#rgaon. -e

new a%%#sed for "h las" 3, years "hro#gh r. ?agg# of "a o"ors.

%%#sed had orrowed an a*o#n" of &.00 la%s fro* hi* wi"h "he₹

ass#ran%e "o re"#rn "he sa*e. -e re"#rned 3.& la%s #" did no" re"#rn res"₹

of "he a*o#n". -e had %on"a%"ed a%%#sed Vijay Bhardwaj on his "ele5hone

No.9811999.

18. :he 5rose%#"ion has f#r"her eDa*ined %/-1 Ashok Kumar

son of Shri S.%.Sharma. :his wi"ness has also de5osed "ha" he was

5ro5er"y dealer+ nows a%%#sed Vijay Bhardwaj for "he las" 1&,20 years.


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12

%%#sed was doing 5ro5er"y #siness. :here was a #siness "ransa%"ion

e"ween hi* and a%%#sed. :he a%%#sed did no" 5ay his %o**ission

5er"aining "o 5#r%hase of 5lo" y ?oginder 'ingh. :he a%%#sed did no" 5ay

%o**ission as 5ro5er"y dealer "o hi* regarding aforesaid 5lo". -is elder

ro"her 'hri )ajinder 'har*a had 5#r%hased a 5lo" "hro#gh a%%#sed Vijay

Bhardwaj. " "he "i*e of eDe%#"ion of sale deed+ a%%#sed gae 3.& la%s₹

less a*o#n" "o "he endor whi%h re*ained #n5aid y "he a%%#sed.

:hereaf"er+ "here was a %ollaora"ion wi"h a %o*5any na*ed )/F for

sale of "wo a%res of land whi%h elongs "o hi* and Vijay Bhardwaj was

"he *edia"or in all dealings. :o %lear "he %o**ission a%%#sed iss#ed a

lan %heA#e. :he "o"al %o**ission of deal was 7.& la%s and o#" of "ha"₹

3.7& la%s was his share and res" of "he share was of a%%#sed.₹

19. :he 5rose%#"ion has f#r"her eDa*ined %/-8 Anshul

)ahesh@ari son of Shri Arun Kumar )ahesh@ari. :his wi"ness has

also de5osed "ha" he was r#nning #siness of dis"ri#"ion of *oile se"s

and jewellery #nder na*e of s lanar ?ewellers + 'adar Ba>aar+

/#rgaon. -e new a%%#sed. :he a%%#sed %a*e in"o his %on"a%". -is fa"her

re"ired fro* '"a"e Ban of India+ si"#a"ed j#s" in fron" of sho5 of a%%#sed.

-is fa"her had 5#r%hased 5lo" "hro#gh a%%#sed Vijay Bhardwaj. -e had

5roided oile No.9811999+ a 4os"5aid %onne%"ion "o a%%#sed.

20. :he 5rose%#"ion has f#r"her eDa*ined %/-7 !hag@an

%rasad (upta son of Shri )ukut !ihari al. :his wi"ness has de5osed

"ha" he was woring as %%oo#n"s ssis"an" in -!+ !iision No.1+


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'e%"or ,1&+ 4ar" II+ /#rgaon. :he wi"ness was de%lared hos"ile and was

%ross,eDa*ined y "he '5e%ial 4#li% 4rose%#"or.

21. :he 5rose%#"ion has f#r"her eDa*ined %/-; )ukesh Yadav

son of Shri Jas@ant Singh. :his wi"ness has de5osed "ha" his ro"her,in,

law 'hri ?ag5al 'ingh@s offi%e #nder "he na*e and s"yle of s "a

o"ors is lo%a"ed a" ehra#li )oad+/#rgaon. -e was r#nning #siness

wi"h 'anjay Bhardwaj. 'anjay Bhardwaj ro"her of Vijay Bhardwaj

a%%#sed. -e learned fro* a news5a5er "ha" C4 )ajir 'ingh has een

*#rdered and Vijay Bhardwaj has een arres"ed y "he 5oli%e. :his

wi"ness was de%lared hos"ile and was %ross,eDa*ined y "he '5e%ial 44.

22. :he 5rose%#"ion has f#r"her eDa*ined %/-09 )ukesh

Kumar son of 'a$a Chand. :his wi"ness has de5osed "ha" he was

r#nning #siness of 5ro5er"y dealing #nder "he na*e of )iya 4ro5er"ies

and nows a%%#sed fro* las" 8,10 years. -e nows )a*esh ali. :he

a%%#sed had 5#r%hased a 'an"ro Car fro* fro* )a*esh ali for a

%onsidera"ion of &0+000, 5l#s ins"all*en"s "hro#gh hi*. -e was₹

in"eres"ed "o 5#r%hased a 5lo" and adan%ed 2.00 la%s as earnes" *oney₹

"o a%%#sed+ howeer+ "he deal was %an%elled and "he a%%#sed re"#rned

*oney "o hi*. :his wi"ness was de%lared hos"ile and was %ross,eDa*ined

y "he '5e%ial 44.

23. :he 5rose%#"ion has f#r"her eDa*ined %/-00 Ramesh

Katari$a son of 'aulat Ram. :his wi"ness has de5osed "ha" he was

'ar5an%h of Village Basai and was %on"ra%"or of liA#or sho5. -e was no"


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1

haing finan%ial dealings wi"h a%%#sed. :his wi"ness was de%lared hos"ile

and was %ross,eDa*ined y "he '5e%ial 44.

2. :he 5rose%#"ion has f#r"her eDa*ined %/-03 'r. )ukesh

Rampal, )edical =fficer (eneral #ospital, Re@ari. :his wi"ness has

de5osed "ha" on 2&.03.2008 he along wi"h *e*ers of Board !r.

'.(.'har*a+ Forensi% D5er" %ond#%"ed 5os"*or"e* eDa*ina"ion on "he

dead ody of C4 )ajir 'ingh+ ;';+ Cri*e Bran%h+ '#nligh" Colony+

New !elhi. :he Board no"ed down "he following$

Body was of a well #il" *ale wearing lood soaed whi"e

a%gro#nd s"ri55edlined shir"+ la% "ro#ser+ la% so%s and la%

lea"hered shoes. 'hir" was dren%hed in lood all oer eD%e5" fron" of lef"

sho#lder. 4an" "oo was *ois" wi"h lood on i"s fron". Fa%e was s*#dged

wi"h lood. :he inner of "he lef" eye showed Jla% eyeK. )igor *or"is

was 5resen". :he shir" and 5an" were %#" o5en. :he whole ody was E,

rayed. E,rays did no" show any #lle". igh" E,ray fil*s had een handed

oer "o "he 5oli%e.

'uring postmortem follo@ing firearm inBuries @ere

found

1. :here was "riradia"e+ s"ar sha5ed firear* en"ry wo#nd

in "he #55er *iddle fron" of "he forehead. 55er half of

"he wo#nd was hidden in "he hairy area. :here was no

effe%" of g#n 5owder lie #rningL "a""ooing e"%. i" was

1.& D .& %* and 6.& %* aoe "he *iddle of o"h


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1&

eyerows.

2. hori>on"ally 5la%ed la%era"ed /ra>ed wo#nd in "he

lef" side of "he head. I"s fron" end was .& %* aoe "he

#55er 5ar" of lef" 5inna.

3. %ir%#lar firear* eDi" wo#nd in "he #55er *iddle a%

of "he head. I" was 1 %* in dia and was 1 %* "o "he lef"

of *idline.

:here was righ" red eD"raasa"ion of lood #ndernea"h

"he s%al5. :here was J%ra"er lieK hole in "he fron"al area #nderlying

inj#ry No.1. fiss#red fra%"#re s"ar"ing fro* here eD"ends a%wards and

"hen "o "he righ"+ i" ends a" ao#" 7 %* aoe "he righ" ear area. :he s#ll

showed a %ir%#lar hole #ndernea"h "he inj#ry No.3. :here was eD"rad#ral

hae*a"o*a. :he lef" %ereral he*is5here was la%era"ed in "he area of

%ra"er hole. :here was lood filled %o**#ni%a"ing "ra% e"ween inj#ries

No.1 and 3. Fron"al ase of "he s#ll was fra%"#red.

:he oard had gien following o5inion$

!ea"h in "his %ase was d#e "o sho% and he*orrhage as

a res#l" of %ranio,%ereral da*age %onseA#en" #5on firear* inj#ries.

Inj#ry No.1 M 3 were firear* en"ry and eDi" wo#nds res5e%"iely and

%a#sed y s*oo"h ored firear* a**#ni"ion dis%harge a" %lose range

*os" liely "igh" %on"a%". :he inj#ry No.2 was gra>ed wo#nd.

-e also de5osed af"er "he 5os"*or"e* following were

handed oer "o "he 5oli%e$


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16

1. '#"#red dead ody af"er 4.

2. 4os"*or"e* re5or" in original.

3. :wele 5oli%e 5a5er d#lly signed y oard *e*er.

. sealed %lo"hed 5ar%el %on"aining "he %lo"hings of "he

de%eased.

&. sealed %lo"hed 5ar%el %on"aining shoes of "he

de%eased.

6. igh" E,)ay fil*s.

-e has also de5osed "ha" "he 5roale "i*e e"ween

inj#ry and dea"h was few *in#"es "o one ho#r and e"ween dea"h and

5os"*or"e* wi"hin 2 ho#rs. :his wi"ness has 5roed 5os"*or"e* re5or"

as *.%/0320. 4i%"orial diagra* showing sea" of inj#ries as *.%/0323.

InA#es" re5or" signed y "he oard as *.%/0326. 'iagra*s as

*.%/0325 "o *.%/03200. :his wi"ness has f#r"her 5roed a55li%a"ion

*.%/03203 *oed y 5oli%e and re5or" of !r. '.(.'har*a as

*.%/03206. :his wi"ness has anneDed affidai" *.%/032A %on"aining

*a"erial fa%"s of 5os"*or"e* eDa*ina"ion.

2&. :he 5rose%#"ion has f#r"her eDa*ined %/-06 'r.

S.K.Sharma, retd. Civil Surgeon, (eneral #ospital, (urgaon. :his

wi"ness has de5osed "ha" on 2&.03.2008+ he along wi"h 4


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17

a55li%a"ion *.%/03203 was *oed y "he 5oli%e and on asis of "ha"

a55li%a"ion he had gien his re5or" "o "he 5oli%e as *.%/03206 in his

own handwri"ing+ showing %larifi%a"ion of "he inj#ries.

#e gave further opinion "ha" on 5er#sal of "he a#"o5sy re5or"+

i" had een no"i%ed "ha" an error had %re5" inader"en"ly+ in re%ording "he

%on%l#ding 5or"ion of o5inion. s was %lear fro* "he de"ailed re5or"+ "hese

inj#ries were %a#sed y "he 5assage of a rifled firear* a**#ni"ion

dis%harge and no" y s*oo"h ore a**#ni"ion dis%harge. I" had een

reA#es"ed "ha" o5inion *ay 5lease e read a%%ordingly.

s regards "heir A#ery regarding en"ry and eDi" of "he

5roje%"ile+ a fir* inferen%e owing "o "he na"#re and lo%a"ion of "he wo#nds

%o#ld no" e drawn. 'in%e "he eDi" wo#nd on "he forehead %o#ld e

Js"rella"eK in sha5e and also for "he reason of asen%e of effe%" of

g#n5owder aro#nd "he inj#ry on forehead i" had een agreed "ha" "he

5ossiili"y of i"s en"ry fro* wo#nd No.3 and eDi" fro* wo#nd n#*er he

%o#ld no" e r#led o#". -oweer an o5inion in "ha" regard *ay 5lease e

had fro* allis"i%s eD5er"s.

:his wi"ness has iden"ified shoes and so%s of "he de%eased as

*.)=20+ *.)=23 and *.)=26 and *.)=25. -e has also 5roed

5an" of de%eased as *.)=24+ el" as *.)=21 and "he shir" of de%eased

as *.)=28.

26. :he 5rose%#"ion has f#r"her eDa*ined %/-05 So?ha Ram,

Su?-Inspector CIA /est, (urgaon. :his wi"ness has de5osed on


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2&.03.2008+ while he was 5os"ed in 4oli%e 4os"+ 'e%"or,1+ /#rgaon+

!o%"or handed oer hi* elongings of "he de%eased and "he sa*e was

de5osi"ed y hi* 'hri (rishan !e+ '#,Ins5e%"or+ Ines"iga"ing ;ffi%er

of "his %ase ide *e*o D.4


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"he *ean"i*e+ 'hri :ahir -#ssain '-; 4' Ciil =ines+ /#rgaon+ C4

Ci"y /#rgaon 'hri )a* (alan and 'hri )aesh rya !C4


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was of C4 )ajir 'ingh of !elhi 4oli%e.

;n 26.03.2008+ in 5#rs#an%e of dis%los#re s"a"e*en" of

a%%#sed D.4


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29. :he 5rose%#"ion has f#r"her eDa*ined %/-08 Krishan 'ev

retd. SI resident of #ouse +o.*-165 S() +agar, >arida?ad. :his

wi"ness has de5osed "ha" on 2.03.2008+ he was 5os"ed in Ciil =ines

/#rgaon. ;n re%ei5" of infor*a"ion fro* 'I 4radee5 (#*ar+ he had

regis"ered FI) No. 117 da"ed 2.03.2008 #nder 'e%"ion 302 I4C and

2&&&9 of r*s %" as *.%/0120 and sen" s5e%ial re5or". :hereaf"er+

he along wi"h 'I 4radee5 (#*ar+ -C 'her 'ingh+ Cons"ale ?as5al lef"

"he 4oli%e '"a"ion "o rea%h "he 5la%e of o%%#rren%e. :he 5la%e of

o%%#rren%e was offi%e,%#*,sho5 #nder "he na*e and s"yle of Vijay M

sso%ia"es. :his wi"ness f#r"her de5osed "ha" he ro#gh" o#" a walle"

fro* "he righ" side a% 5o%e" of "he "ro#ser worn y "he de%eased in "he

5resen%e of 'I 4radee5 (#*ar and o"her 5oli%e offi%ials. :his wi"ness

de5osed "ha" ide *e*o *.%/0820 elongings of de%eased of C4

)ajir 'ingh were "aen in"o 5ossession and were a""es"ed y -C =eel#

)a* and 'I ?awahar 'ingh and iden"ified "he sa*e as *.%0 to *.%39.

-e has also 5roed ro#gh si"e 5lan *.%0823. :his wi"ness has also

iden"ified "he %ase 5ro5er"y *.%30 to *.%45 "he %ase 5ro5er"y whi%h

was re%oered y "he 5oli%e fro* "he 5la%e of o%%#rren%e. :his wi"ness

has also 5roed Noia N,73 and Noia 6300 and re%oery of %ar fro* "he

a%%#sed. :his wi"ness has 5roed "ha" af"er 5os"*or"e* re5or" 'hri

'hoha )a* 'I 5rod#%ed %lo"hes and shoes of de%eased along wi"h gold

ring and wris" wa"%h and "he sa*e were "aen in"o 5ossession ide

re%oery *e*o *.%/0520. :his wi"ness has also 5roed 5air of shoes of


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-C =eel# )a* and 'I ?awahar 'ingh. :he aforesaid ar"i%les were

iden"ified "o e elongings of de%eased )ajir 'ingh y -C =eel# )a*

and 'I ?awahar 'ingh. :he ag %on"aining ar"i%les 5roed as D.469.

:his wi"ness has f#r"her de5osed "ha" he had 5re5ared s%aled

si"e 5lan as *.%/042A "hro#gh anoj (#*ar !raf"s*an and re%orded

"he s"a"e*en" of wi"nesses !hara*ir 'har*a+ di"or Gee News /#rgaon.

:his wi"ness also de5osed "ha" a%%#sed Vijay Bhardwaj s#ffered

dis%los#re s"a"e*en" *.%/0124 and in 5#rs#an%e of his s"a"e*en"

a%%#sed led "he 5oli%e 5ar"y "o "he 5la%e and go" re%oered one reoler in

"he #shes wi"h his own hands. I" was fo#nd "ha" "he %ha*er of reoler

%on"ained "wo e*5"y %ar"ridge %ases and "wo lie %ar"ridges and "he sa*e

were sealed. :he aforesaid 5ro5er"y were "aen in"o 5ossession ide

*e*o *.%/-0121". :he se"%h of "he reoler was 5re5ared. :his

wi"ness iden"ified "he reoler as *.%80 and se"%h of reoler as

*.%/0128. :he ro#gh si"e 5lan as *.%/0127. :his wi"ness has 5roed

"he %ase 5ro5er"y re%oered as *.%/80. -e has also de5osed on re"#rn+

"he %ase 5ro5er"y was de5osi"ed wi"h "he -C of 4oli%e '"a"ion. -e also

de5osed "ha" he wro"e an a55li%a"ion "o "he offi%e of !C4


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2&

agis"ra"e+ /#rgaon and 5oli%e re*and was so#gh" whi%h was a%%orded

for "hree days.

;n 28.03.2008+ he in"erroga"ed a%%#sed Vijay Bhardwaj+ who

s#ffered dis%los#re s"a"e*en" *.%/0821 and go" re%oered his

%onfession no"e r#nning in"o 3 5ages. :he a""es"ed %o5y is *.%/0827.

:he sa*e were "aen in"o 5oli%e 5ossession and were sealed in an

enelo5e. :his wi"ness has 5roed re%oery of *a"erial as *.%81 to

*.%74. ll "he aforesaid *a"erial were "aen in"o 5ossession ide *e*o

*.%/082; a""es"ed y -C 'a"ish (#*ar and Cons"ale )ajesh (#*ar.

-e also de5osed "he %ase 5ro5er"y was de5osi"ed wi"h -C 4' Ciil

=ines+ /#rgaon. :his wi"ness has also de5osed "ha" on 30.03.2008+ he

5rod#%ed "he a%%#sed Vijay Bhardwaj efore IllaAa agis"ra"e and was

sen" "o j#di%ial %#s"ody. ;n 31.03.2008+ Cons"ale 'a"ish (#*ar

5rod#%ed 1 nega"ies and 28 5ho"ogra5hs of "he 5la%e of o%%#rren%e

whi%h are *.%71 to *.%038. :his wi"ness has de5osed "ha" -C

(anwar 'ingh 5rod#%ed one C! %on"aining "he ideogra5hy of "he

5ro%eedings of "he 5os"*or"e* eDa*ina"ion on "he dead ody of "he C4

)ajir 'ingh. :he C! was "aen in"o 5ossession ide *e*o

*.%/08209. -e 5rod#%ed C! as *.%037.

;n 0&.0.2008+ he had re%eied re5or" fro* (an5#r fro* "he

offi%e of !C4


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26

iss#ed on 26.02.1993 as 5er "heir re%ord. ;n 16.0&.2008 r. !hara*ir

di"or Gee News 5rod#%ed a C! whi%h was "aen in"o 5ossession ide

*e*o *.%/08203 and was sealed. -e iden"ified "he C! as *.%03;.

:his wi"ness has also de5osed "ha" he had re%orded 'hri Bhagwan who

a""es"ed "he *e*o *.%/08203 #nder 'e%"ion 161 Cr.4.C. ;n

2&.03.2008 he had "aen in"o 5ossession so*e "ra%es of lood whi%h

were s%ra"%hed fro* "he glass lying on "he "ale of "he offi%e,%#*,sho5 of

"he a%%#sed and "he sa*e was "aen in"o 5oli%e 5ossession and iden"ified

"he wra55ing %lo"h as *.%069 and "he 5las"i% %on"ainer as *.%060. -e

had also "aen in"o 5ossession "he 5las"i% %on"ainer fro* "he offi%e,%#*,

sho5 of "he a%%#sed and 5roed %on"ainer as *.%066 and a 5ie%e of %lo"h

in whi%h i" was wra55ed as *.%063. :his wi"ness has 5roed *a"erial

oje%"s re%oered fro* "he 5la%e of o%%#rren%e as *.%065 to *.%067.

-e also de5osed "ha" "he sa*e were "aen in"o 5oli%e 5ossession ide

*.%/0125. -e de5osed "ha" "he re5or" of Ballis"i% D5er" *.%/08206

r#nning in"o siD 5ages were o"ained y hi*.

:he s5e%ial re5or" was sen" "o "he IllaAa agis"ra"e on

2.03.2008 whi%h was re%eied y !#"y C? on 6.1& a* on 2&.03.2008

whi%h is *.%/08205. -e re%eied 5os"*or"e* re5or" d#ring

ines"iga"ion. f"erwards "he ines"iga"ion was handed oer "o CBI. :his

wi"ness iden"ified "he a%%#sed in "he %o#r".

30. :he 5rose%#"ion has f#r"her eDa*ined %/-07 )anmohan

son of ate 'r. !.).Sharma+ who has de5osed "ha" on 07.06.2008+ he


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27

was woring as a ar *an in -o"el 4ar 4la>a a" /#rgaon and he has seen

Vijay Bhardwaj and )ajir 'ingh %o*ing "o -o"el 4ar 4la>a in "he ar.

-e #sed "o sere "he* "he whisy. Bo"h of "he* #sed "o "ae la% lael.

;n one o%%asion+ Vijay Bhardwaj a%%#sed %a*e alone. I" was India,

5ais"an a"%h and he enjoyed


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wi"nesses fro* "he 5la%e of o%%#rren%e was "aen in"o 5ossession ide

sei>#re *e*o *.%/0125.

32. :he 5rose%#"ion has f#r"her eDa*ined %/-39 ASI Sheesh

%al son of Shri )ohan al. :his wi"ness has de5osed "ha" on

2&.03.2008+ he was 5os"ed in '5e%ial '"aff 'e%"or 10+ /#rgaon as

%o*5#"er In%harge. r. 'anjee (#*ar Ins5e%"or was "he In%harge of "he

said '5e%ial '"aff. -e f#r"her de5osed "ha" %all de"ails s"a"e*en"s

*.%/3923 to *.%/3924 5er"aining "o *oile 5hone No. 9873919999

"hree 5ages of C4 )ajir 'ingh+ a%%#sed Vijay Bhardwaj

9811999+ 4ardee5 (#*ar 981832& and =il# )a* 4';

9891181899 for a 5eriod of Fer#ary and ar%h+ 2008 was s#55lied "o

hi* whi%h were "aen in"o 5oli%e 5ossession ide re%oery *e*o

*.%/3920. ;n 29.03.2008+ he gae de"ails of '' eigh" 5ages for a

5eriod fro* 1&.3.2008 "o 2.03.2008 sen" y )ajir 'ingh C4 fro* "he

*oile 5hone No.9873919999 "o a%%#sed Vijay Bhardwaj on his *oile

5hone No.9873919999 of )ajir 'ingh C4 whi%h de"ails were "aen in"o

5ossession of "he 5oli%e y 'anjee (#*ar In%harge '5e%ial '"aff ide

re%oery *e*o *.%/3921. :his wi"ness has also 5roed de"ails of ''

as *.%/3928 to *.%/39205.

33. :he 5rose%#"ion has f#r"her eDa*ined %/-30 ASI 'avender

Singh +o.01 CIA Sector-08, (urgaon. :his wi"ness has de5osed "ha" on

2&.03.2008+ he was 5os"ed as -C a" 4oli%e '"a"ion Ciil =ines+

/#rgaon. ;n "ha" day+ 'I (rishan !e af"er re"#rning "o 5oli%e s"a"ion a"


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29

ao#" &.30 5.*. af"er %ond#%"ing ines"iga"ion of FI) No.11708

a%%o*5anied wi"h a%%#sed Vijay Bhardwaj af"er 5rod#%ing hi* efore "he

IllaAa agis"ra"e %a*e and handed oer %ase 5ro5er"y whi%h he had e5"

in safe %#s"ody in *alhana af"er *aing en"ry in regis"er No.19. In "his

regard+ "his wi"ness has 5roed !!) No.17 as *.%/302A and en"ry in

regis"er No.19 as *.%/302A-0. :his wi"ness has f#r"her de5osed "ha"

on 26.3.2008+ 'I (rishan !e re"#rned "o "he 5oli%e s"a"ion af"er

%ond#%"ing f#r"her ines"iga"ion and handed oer one reoler of .32 ore

along,wi"h "wo lie %ar"ridges and "wo %ar"ridge %asese*5"y shells "o hi*

and sa*e was e5" y hi* in safe %#s"ody. In "his regard+ !! en"ry No.20

da"ed 26.03.2008 was 5roed as *.%/302! and en"ry in regis"er No.19

as *.%/302!-0. :his wi"ness has 5roed "ha" on 28.03.2008+ 'I (rishan

!e re"#rned "o "he 5oli%e s"a"ion af"er %ond#%"ing f#r"her ines"iga"ion

of "he aoe,s"a"ed %ase and one %onfession no"e of "he a%%#sed alongwi"h

7 le""er 5ads 5a5ers and isi"ing %ards were de5osi"ed wi"h hi* and he

e5" "he sa*e in safe %#s"ody in "he *alhana. -e has 5roed "he en"ry

en"ry No.19 da"ed 28.3.2008 in "his regard in "he !!) regis"er as

*.%/302C and "he relean" en"ry in "he regis"er No.19 as *.%/302C-

0. :his wi"ness has f#r"her 5roed "ha" on ..2008+ 'I (anwar 'ingh

de5osi"ed one ideo %asse""e of "he ideogra5hy 5re5ared a" "he "i*e of

%ond#%"ing "he 5os",*or"e* eDa*ina"ion on "he dead,ody was de5osi"ed

wi"h hi* and he e5" "he sa*e in safe %#s"ody in "he *alhana. -e

5roed relean" en"ry No.28 da"ed ..2008 in "his regard in !!)


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regis"er as *.%/302' and "he relean" en"ry in "he regis"er No.19 as

*.%/302'-0. :his wi"ness has f#r"her de5osed "ha" on 12.0.2008+ 'I

(rishan !e de5osi"ed "he s5e%i*en signa"#res of a%%#sed Vijay

Bhardwaj and he e5" "he sa*e in safe %#s"ody in "he *alhana. -e

5roed "he relean" en"ry No.1& da"ed 12..2008 in "his regard in "he !!)

regis"er No.19 as *.%/302*-0. -e f#r"her de5osed "ha" on 16 .&.2008+

he de5osi"ed one C! 5re5ared y G News wi"h hi* and en"ry in "his

regard in "he !!) regis"er earing No.31 and "he sa*e is *.%/602>

and "he relean" en"ry in "he regis"er No.19 as *.%/302>-0.

3. :he 5rose%#"ion has f#r"her eDa*ined %/-33 Consta?le

Satish Kumar +o.0394, (urgaon. :his wi"ness has de5osed "ha" 'I

(rishan !e+ 'I of 4oli%e '"a"ion Ciil =ines+ /#rgaon %alled hi* "o "he

s5o" and he had "aen 5ho"ogra5hs *.%0 to *.%05+ "he nega"ies of

whi%h are *.%04 to *.%37.

3&. :he 5rose%#"ion has f#r"her eDa*ined %/-36


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32

and he iden"ified his signa"#res on "he sa*e. -e f#r"her de5osed "ha" "he

%asse""e handed oer y hi* "o 'I (rishan !e was wi"ho#" any "o#%hing.

38. :he 5rose%#"ion has f#r"her eDa*ined %/-31 C. Shi?u K. %.

+o. ;8;;, South *ast posted at %S (reater Kailash-I, 'elhi+ who has

de5osed "ha" he joined !elhi 5oli%e in "he year 199& and in "he year 200&,

06+ he was 5os"ed in 'e%#ri"y 4oli%e and was de5#"ed as one of "he 4';s

wi"h 'hri )ajir 'ingh+ C4 !elhi and he #sed "o ee5 one 5is"ol wi"h

hi* d#ring "he 5eriod he #sed "o re*ain on d#"y wi"h )ajir 'ingh. -e

f#r"her de5osed "ha" he had isi"ed "he residen%e of )ajir 'ingh and had

a%%o*5anied offi%e of Vijay Bhardwaj. -e f#r"her de5osed "ha" 5rior "o

"he o%%#rren%e of "his %ase+ he had a%%o*5anied )ajir 'ingh C4 on

d#"y and had a%%o*5anied "o 4ar 4la>a Bar. -e f#r"her de5osed "ha" "he

*oney whi%h was re%eied y C4 )ajir 'ingh fro* Vijay Bhardwaj in

"he 5oly"hene ag+ "he sa*e was "aen y C4 )ajir 'ingh "o his

residen%e ndrews /anj y 5#""ing "he sa*e in a rief%ase. -e iden"ified

a%%#sed Vijay Bhardwaj.

39. :he 5rose%#"ion has f#r"her eDa*ined %/-38 #C ilu Ram

+o.560 raffic, K#C Circle, +e@ 'elhi+ who has de5osed "ha" he joined

!elhi 5oli%e on 21.10.1986. -e f#r"her de5osed "ha" in "he year 1993+ he

was 5os"ed in 9"h Ba""alion for se%#ri"y d#"y and he was de5#"ed as 4';

"o C4 )ajir 'ingh+ !elhi 5oli%e in "he *on"h of ?an#ary+ 2007.

0. :he 5rose%#"ion has f#r"her eDa*ined %/-37 Ja@ahar

Singh +o.67402', presentl$ posted at Crime !ranch Sunlight Colon$,


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3

:hen he wen" "o "he offi%e of Vijay Bhardwaj+ #" "here was no res5onse

fro* inside "he offi%e+ "hen he no"ed down "he n#*er of Vijay Bhardwaj

whi%h was wri""endis5la%ed a" "he en"ran%e door of "he offi%e of a%%#sed

Vijay Bhardwaj and "hen he %on"a%"ed Vijay Bhardwaj on "ha" *oile

5hone and ased as "o %oney "he *essage "o C4 )ajir 'ingh "o %on"a%"

!C4 Cri*e. :hen "he a%%#sed Vijay Bhardwaj ased "he* "o go "o "he

residen%e of C4 )ajir 'ingh si"#a"ed a" '#shan" =o and "ha" he along

wi"h C4 )ajir 'ingh is %o*ing "here. -e along wi"h =ill# )a* %a*e "o

"he i%ini"y of '#shan" =o where residen%e of C4 )ajir 'ingh is

si"#a"ed and wai"ed for hi* "here. " ao#" 11.00 5* 'I !aender 'ingh

%on"a%"ed hi* on his *oile 5hone and ased why C4 )ajir 'ingh has

no" %on"a%"ed !C4. 'I !aender 'ingh dire%"ed "he* "o rea%h "he 5la%e

where "hey had lef" C4 )ajir 'ingh. -e infor*ed 'I !ainder 'ingh

"ha" C4 )ajir 'ingh is no" 5i%ing his *oile 5hone and "ha" Vijay

Bhardwaj had ased hi* "o rea%h a" '#shan" =o #" none of "he* hae

"#rned #5 a" "he residen%e of C4 )ajir 'ingh. In "he *ean"i*e+ '-;

5oli%e line %on"a%"ed hi* on his 5hone and 4'; =ill# )a* and ased

"he* "o rea%h a" "he 5la%e where "hey had lef" C4 )ajir and "hey

i**edia"ely rea%hed "he offi%e of a%%#sed Vijay Bhardwaj where "hey

saw a h#ge %rowd. :ill "ha" "i*e "hey were no" aware "ha" C4 )ajir

'ingh had een *#rdered. 4'; =ill# )a* i**edia"ely %on"a%"ed "he

es%or" and %alled "he* "o arrie a" Vijay BhardwajOs offi%e,%#*,sho5. -e

f#r"her de5osed "ha" on one o%%asion Vijay Bhardwaj had gien *oney in


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3&

a 5oly"hene ag "o hand oer "he sa*e "o C4 )ajir 'ingh+ #" he do no"

now "he eDa%" fig#re of a*o#n". C4 )ajir 'ingh neer %arried his

wea5on wi"h hi* "o "he offi%e of Vijay Bhardwaj. -e #sed "o ee5 his

5is"ol in his rief%ase and #sed "o leae "he sa*e in "he ehi%le wi"h "he

4';. Fie,seen days 5rior "o "he fes"ial of -oli in "he year 2008 )ajir

'ingh C4 had isi"ed "he offi%e of Vijay Bhardwaj a" ao#" 1.001.30

5*.


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36

y hi* fro* ' Cell%o for iss#an%e of *oile %ell n#*er. -e f#r"her

de5osed "ha" "he %o*5any had iss#ed *oile No.9811999. -e f#r"her

de5osed "ha" in "he year 2002+ "here was no *#%h reA#ire*en" of

erifi%a"ion of "he 5ar"i%#lars of "he a55li%an" for iss#an%e of "he 'I

%ard. :he a55li%a"ion for* #sed "o a%%o*5anying 5ho"ogra5h of "he

a55li%an" wi"h I! 5roof.

2. :he 5rose%#"ion has f#r"her eDa*ined %/-69 Sh$am?ir

Singh, Advocate+ who has de5osed "ha" he is 5ra%"i%ing as an do%a"e

sin%e 1989 a" !is"ri%" Co#r" Co*5leD+ /#rgaon. -e now a%%#sed Vijay

Bhardwaj as he was %ond#%"ing his "wo %ases. -e f#r"her de5osed "ha" on

23.3.2008+ he %on"a%"ed a%%#sed Vijay Bhardwaj and he "old hi* "ha" he

wan"s "o *ee" hi*. -e %alled hi* a" his residen%e and a%%ordingly %a*e

"o his offi%e a" 8.& a.*. ;n 2.3.2008. -e dis%#ssed so*e *a""er wi"h

hi* and lef". " "ha" "i*e+ a%%#sed Vijay Bhardwaj was looing "ense.

-e f#r"her de5osed "ha" on 2.3.2008+ he re%eied a "ele5honi% %all fro*

a%%#sed Vijay Bhardwaj a" ao#" 11.00 5.*. fro* his *oile 5hone

No.9811999 on his *oile 5hone No.98102999& and a%%#sed Vijay

Bhardwaj infor*ed hi* "ha" a *#rder had "aen 5la%e. -e see*ed "o e

ery nero#s while he was "aling wi"h hi*. -e ased hi* ao#" "he

5erson illed #" he did no" na*e "he said 5erson *#rdered. %%#sed

Vijay Bhardwaj "old hi* "ha" he wan"ed "o s#rrender and ased hi* "o

*ae arrange*en" of his s#rrender. -e s#gges"ed hi* "o %o*e "o hi* in

"he *orning. :hereaf"er+ he dis%onne%"ed "he 5hone. -e f#r"her de5osed


37/158


37

"ha" his s"a"e*en" was re%orded.

3. :he 5rose%#"ion has f#r"her eDa*ined %/-60 Sandeep

Sharma son of Shri oder Kumar+ who has de5osed "ha" he now

a%%#sed Vijay Bhardwaj for "he las" *ore "han 20 years. -e f#r"her

de5osed "ha" on 2.3.2008+ he re%eied a "ele5honi% %all fro* 'anjay

Bhardwaj ro"her of "he a%%#sed and ased hi* "o %o*e his residen%e. -e

inA#ired fro* hi* as "o wha" was "he #rgen%y he "old hi* "o %o*e

i**edia"ely+ "hen he wen" "o his ho#se and saw "he *o"her+ sis"er and

Bhahi of "he a%%#sed were fo#nd wee5ing. f"er so*e "i*e+ he re%eied

a "ele5honi% %all fro* a%%#sed Vijay Bhardwaj on his *oile "ha" when he

had gone "o his sho5 "hen he saw "he dead ody of )ajir 'ingh and he

f#r"her "old hi* "ha" he was a55rehending "ha" he *ay no" e illed y "he

5oli%e in a false en%o#n"er and "ha" he wan" "o s#rrender efore "he 5oli%e.

:his wi"ness was de%lared hos"ile a" "he reA#es" of learned 44 for "he CBI

and was allowed "o e %ross,eDa*ined y hi*.

. :he 5rose%#"ion has f#r"her eDa*ined %/-63 'haramvir

Sagar son of Shri arsem al+ who has de5osed "ha" he is r#nning "he

#siness of sale of a#"o 5ar"s in "he na*e and s"yle of ' !hara* #"o

ngineering


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39

de%eased and 5oli%e %ons"ales na*ely C '#dhir+ C )aji and C

(ara*ir were wi"h hi* in es%or" d#"y on "ha" day. :he es%or" 5ar"y #sed

"o *oe in ehi%le. ;n 2.3.2008+ a" ao#" 7.00 5.*.+ "hey lef" offi%e

si"#a"ed a" '#nligh" Colony+ New !elhi in es%or" of C4 )ajir 'ingh and

rea%hed Iff%o Chow+ /#rgaona" ao#" 7.& 5.*. -C =ill# )a*+ Ciil

4'; dire%"ed "he* "o s"o5 and wai" a" Iff%o Chow only and "hey will e

%alled if "hee was any need and "h#s+ "hey s"o55ed "here. " ao#" 11.30

5.*.+ Cons"ale '#dhir re%eied a *oile %all fro* -C =ill# )a* asing

hi* "o rea%h (alayani -os5i"al.


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0

residen%e of C4 )ajir 'ingh as well as as a" o"her 5la%es in%l#ding

offi%e of a%%#sed.

8. :he 5rose%#"ion has f#r"her eDa*ined %/-61 #C

Ramesh Kumar +o.;542(urgaon, Crime !ranch, (urgaon. :his

wi"ness is %arrier of sealed 5ar%el "aen y hi* fro* -C !aender

'ingh+ Cons"ale Ciil =ines 4oli%e '"a"ion /#rgaon "o F'=+ adh#an.

9. :he 5rose%#"ion has f#r"her eDa*ined %/-68

#ar?haBan Singh son of Shri Karam Singh, resident of #ouse +o.3;6,

Sector-05, (urgaon+ who has de5osed "ha" he was friend of 'anjay

Bhardwaj. Vijay Bhardwaj+ (a5il Bhardwaj and 'anjay Bhardwaj are

ro"hers #" he had no 5ersonal a%A#ain"an%e wi"h res" of "wo ro"hers.

D%e5" "his+ "his wi"ness did no" de5ose any"hing in%ri*ina"ing agains" "he

a%%#sed. -e was de%lared hos"ile and was %ross,eDa*ined y learned

'5e%ial 44 for "he CBI.

&0. :he 5rose%#"ion has f#r"her eDa*ined %/-67 Satpal

Singh retd." SI son of Shri Chain Singh, resident of Jammu . :his

wi"ness has de5osed "ha" he eing '# Ins5e%"or in '5e%ial Cell re*ained

5os"ed wi"h C4 )ajir 'ingh sin%e de%eased. -e had wored as

;rderly wi"h C4 )ajir 'ingh. :his wi"ness did no" de5ose any"hing

in%ri*ina"ing agains" "he a%%#sed. -e was de%lared hos"ile y learned

'5e%ial 44 for "he CBI and was %ross,eDa*ined y hi*.

&1. :he 5rose%#"ion has f#r"her eDa*ined %/-6; %a@an

Singh son of Shri Kishan Singh. :his wi"ness is e*5loyee of Idea


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1

Cell#lar ="d. 26&+ ohan Coo5era"ie+ Ind#s"rial rea+ New !elhi and

5roed %all de"ails re%ords as *.%/6;24 to *.%/6;28 of *oile 5hone

Nos. 981181899+99900&0000 and 98917810&9.

&2. :he 5rose%#"ion has f#r"her eDa*ined %/-59 Sumit Kumar,

'S% #D Rohtak. :his wi"ness has de5osed "ha" he was 5os"ed as

C4+!=F+ /#rgaon. ;n 2.3.2008+ he re%eied a 5hone %all fro* *oile

5hone of 'hri !hara*ir %orres5onden" Gee News a" ao#" 11.30 a.*.

5.*.. 'hri !hara*ir infor*ed hi* "ha" he had re%eied a %all fro*

so*eone dis%losing "ha" he had illed so*e 5oli%e 5ersonnel and wan"ed

"o gie his in"eriew efore *edia and he was ased y !hara*ir "o

rea%h near 4e"rol 4#*5 'igna"#re :ower+ /#rgaon. :hereaf"er+ he rea%hed

a" 4e"rol 4#*5+ 'igna"#re :ower+ /#rgaon. :hereaf"er+ he rea%hed "he

4e"rol 4#*5 'igna"#re :ower /#rgaon and saw one 5erson giing

in"eriew "o *edia 5erson !hara*ir. -e a55rehended "ha" fellow who

was giing in"eriew and on inA#iry+ he dis%losed his na*e as Vijay

Bhardwaj. -e f#r"her "old "ha" he had illed )ajir Bhai 'ahi fro* !elhi

4oli%e and la"er,on dis%losed "ha" he had illed C4 )ajir 'ingh a" his

offi%e and dead ody was lying in sa*e offi%e. -e "oo hi* "o "he offi%e

where 5oli%e offi%ers fro* Ci"y 4oli%e '"a"ion /#rgaon had already

rea%hed and a%%#sed Vijay Bhardwaj was handed oer y hi* "o I; fro*

Ci"y 4oli%e '"a"ion+ /#rgaon.

&3. :he 5rose%#"ion has f#r"her eDa*ined %/-50 Su?hash

Chander (urumaita son of 'r. !.%.(urumaita, Chief )anager


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2

>()= &nion !ank of India, (ole )arket, +e@ 'elhi . :his wi"ness

was 5os"ed as Bran%h anager in nion Ban of India+ ?harsa )oad+

'e%"or,31+ /#rgaon. :his wi"ness has 5roed le""er D.4


43/158


44/158


'i*ilarly+ "he #n%h of %all de"ails re5or"s of *oile No.9811321030 in

"he na*e of one 'hri ?aswinder are %on"ained in *.%/5625 whi%h r#ns

in"o 6 5ages whi%h ears "he s"a*5 of "he %o*5any as well as his

signa"#res. 'i*ilarly+ "he #n%h of %all de"ails re5or"s of *oile

No.9899999900 of "#l /oel are %on"ained in *.%/5624 whi%h r#ns

in"o 71 5ages whi%h ears "he s"a*5 of "he %o*5any as well as his

signa"#res. 'i*ilarly+ "he #n%h of %all de"ails re5or"s of *oile

No.9999998901 of C4 )ajir 'ingh are %on"ained in *.%/5621 whi%h

r#ns in"o 2 5ages whi%h ears "he s"a*5 of "he %o*5any as well as his

signa"#res. -e also handed oer one #n%h of Cell I! Char" of Vodafone

ssar oile 'eri%e %on"aining 22 5ages. I" %on"ained "he seal of "he

%o*5any and his signa"#res on ea%h 5age. :he sa*e is now *.%/5628.

-e also handed oer one %#s"o*er agree*en" for* of *oile

No.9873919999 in "he na*e of C4 )ajir 'ingh wi"h %aron %o5y of "he

said for* and do%#*en" of I! 5roof i.e. for* No.60 d#ly signed y "he

a55li%an"+ 5ho"o %o5y of iden"i"y %ard of C4 )ajir 'ingh+ 5ho"o%o5y of

driing li%en%e of C4 )ajir 'ingh and "ariff enrol*en" for* in "he

na*e of C4 )ajir 'ingh "o"al 5ages 9 in n#*ers. :he sa*e are now

%olle%"iely eDhii"ed as *.%/5627. 'i*ilarly+ he also handed oer

5ho"o %o5y of %#s"o*er agree*en" for* in "he na*e of C4 )ajir 'ingh

for *oile No.9999998901 in%l#ding 5ho"o %o5y of I! 5roof do%#*en"s

i.e. "ariff 5lan and le""er da"ed 13.12.2007 d#ly signed y )ajir 'ingh

C4 and a""es"ed y Nodal ;ffi%er "o"al 5ages 3 in n#*ers whi%h are


45/158


&

now %olle%"iely eDhii"ed as *.%/562;. 'i*ilarly+ he also handed oer

one a55li%a"ion for* in "he na*e of Vishal (#*ar wi"ho#"

earingaffiDing 5ho"ogra5h of "he a55li%an" for *oile No.9811999

in%l#ding 5ho"o %o5y of for* No.60 and "ariff 5lan of "he said *oile

n#*er "o"al 3 5ages in n#*er whi%h is %olle%"iely eDhii"ed as

*.%/56209. -e had also handed oer one 5ho"o %o5y of -#"%h

C#s"o*er agree*en" for* in "he na*e of "#l /oel for "he *oile

No.9899999900 in%l#ding 5ho"o %o5y of for* No.60+ 5ho"o %o5y of

%#s"o*er de%lara"ion for lo%al address+ 5ho"o %o5y of driing li%ense of

"#l /oel and 5ho"o %o5y of 5os"5aid "ariff 5lan enroll*en" for* of aoe

ssaid *oile n#*er d#ly a""es"ed y hi* %on"ained in & 5ages whi%h is

%olle%"iely eDhii"ed as *.%/56200.

&6. :he 5rose%#"ion has f#r"her eDa*ined %/-55 R.K.Singh,

+odal =fficer, !harti Airtel td. '-075, =khla %hase-I, +e@ 'elhi.

:his wi"ness has de5osed "ha" he is woring as Nodal ;ffi%er in "he

aoe,said %o*5any sin%e ay+ 1997. -e handed oer %er"ified %o5ies of

%all de"ails re%ord of *oile No. 9818981809 of one 'hri ?i"ender (#*ar

and *oile No.981832&& of 4ardee5 (#*ar !agar 5er"aining "o "he

5eriod 1.1.2008 "o 31.3.2008 ide 5rod#%"ion,%#*,sei>#re *e*o da"ed

9.6.2008 *.%/5520 whi%h ears his signa"#re. -e also handed oer %ell

I! %har" of "he %o*5any+ %o5ies of s#s%rier for*s and I! 5roof

do%#*en"s "hro#gh 5rod#%"ion,%#*,sei>#re *e*o da"ed 9.6.2008 whi%h

is now *.%/5523 and ears his signa"#re. :he #n%h of %all de"ails


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6

re%ords of *oile No.9818981809 iss#ed in "he na*e of ?i"ender (#*ar

is *.%/5526+whi%h ears "he s"a*5 of "he %o*5any as well as his

signa"#res on ea%h 5age. 'i*ilarly+ he also handed oer "he #n%h of %all

de"ails re%ords of *oile No. 981832&& iss#ed in "he na*e of 4ardee5

(#*ar !agar is *.%/5525 and ears "he s"a*5 of "he %o*5any as well

as his signa"#res. :he ir"el 5re5aid enroll*en" for* in res5e%" of *oile

No.9818981809 of ?i"ender (#*ar wi"h 5ho"o %o5y of I! 5roof is now

%olle%"iely eDhii"ed as *.%/5524. :he ir"el 5re5aid enroll*en" for*

in res5e%" of *oile No.981832&& of 4ardee5 (#*ar !agar wi"h 5ho"o

%o5y of I! 5roofs is now %olle%"iely eDhii"ed as *.%/5521. :he #n%h

of %ell I! %har" r#nning in"o 89 5ages is now %olle%"iely eDhii"ed as

*.%/5528 and i" ears his signa"#re and seal of "he %o*5any on ea%h

5age.

&7. :he 5rose%#"ion has f#r"her eDa*ined %/-54 %a@an

Kumar (arg son of ate Shri )..(arg, resident of !-341, SuraB )al


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7

his %o*5any ' er '5ring :rading Co*5any. ;n one o%%asion+ C4

)ajir 'ingh %alled hi* in his offi%e and on showing inaili"y+ he

"hrea"ened hi* wi"h dire %onseA#en%es #" neD" *orning fel" sorry. :he

wi"ness was de%lared hos"ile and was %ross,eDa*ined y learned '5e%ial

44 for "he CBI.

&8. :he 5rose%#"ion has f#r"her eDa*ined %/-51 +eeraB

hakur son of ate Shri S.R.hakur+ who has de5osed "ha" in "he year

2008+ he was woring as 'enior '5e%ial Corres5onden" in :V Channel

Gee News. -e had joined "he ines"iga"ion of "his %ase. -e iden"ified

*e*o *.%/5120 da"ed 16.6.2008 whi%h was 5re5ared in fron" of hi*

and i" ears his signa"#re. !hara*ir 'har*a+ who was also woring as

re5or"er in Gee News for /#rgaon and he was re5or"ing "o hi*. ;n "he

day of in%iden"+ "he eDa%" da"e he do no" re*e*er+ !hara*ir 'har*a

had infor*ed hi* ao#" one in"eriew he had "aen and la"er,on+ one C!

in original was sei>ed fro* !hara*ir 'har*a y CBI in his 5resen%e.

:he o"her C! said "o e "he %o5y of "he sa*e was also sei>ed for

ines"iga"ion 5#r5ose. :he C! was also dis5layed in "he offi%e and

"rans%ri5" *.%/5123 was also 5re5ared in his 5resen%e whi%h ears his

signa"#re.

&9. :he 5rose%#"ion has f#r"her eDa*ined %/-58 Ashok %al son

of Shri Jagdish %al, resident of #ouse +o.005, (ita *nclave, +e@

'elhi. :his wi"ness has de5osed "ha" he was woring in I*5or"D5or"

%o*5any #nder "he na*e and s"yle of er '5ring :rading 4". ="d. fro*


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8

ar%h+ 2006 "o ?an#ary+ 2008. :he %o*5any was haing i"s offi%e a" C,

2+ =aj5a" Nagar+ New !elhi. :he %o*5any was haing "wo !ire%"ors

na*ely Vinod and s. )eha 'engar. :he said %o*5any was #nder

effe%"ie %on"rol of C4 )ajir 'ingh. Vinod was friend of C4 )ajir

'ingh and s. )eha was his se%ond wife. Vinod lef" "he %o*5any in "he

year 2007 and he was re*oed y C4 )ajir 'ingh sin%e de%eased and

"hereaf"er+ "he %o*5any al*os" s"o55ed. -e nows a%%#sed Vijay

Bhardwaj. %%#sed Vijay Bhardwaj #sed "o isi" offi%e of C4 )ajir

'ingh si"#a"ed a" C,&+ =aj5a" Nagar+ New !elhi. :hey #sed "o *ee" a"

se%ond floor. In his 5resen%e also+ a%%#sed Vijay Bhardwaj isi"ed in his

offi%e and in "he asen%e of C4 )ajir 'ingh. ;n o"h "he o%%asions+

a%%#sed Vijay Bhardwaj handed oer %ash "o hi* a*o#n"ing "o 30.00₹

la%s a55roD. and sa*e was handed oer "o hi* y C4 )ajir 'ingh. :his

wi"ness was de%lared hos"ile.

60. :he 5rose%#"ion has f#r"her eDa*ined %/-57 Ravi Sharma

son of ate Shri !an@ari al Sharma. :his wi"ness is ro"her,in,law of

a%%#sed Vijay Bhardwaj. -e has de5osed "ha" (rishana was seran" of

Vijay Bhardwaj. -e was de%lared hos"ile and was %ross,eDa*ined y

learned 44 for "he CBI.

61. :he 5rose%#"ion has f#r"her eDa*ined %/-5;


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9

*ae his fa"her as 5ar"ner. ;ne ;* 4arash was 5ar"ner in "he fir*. -e

had resigned fro* "he fir* in "he year 2007. :his wi"ness was de%lared

hos"ile and was %ross,eDa*ined y learned '5e%ial 44 for "he CBI.

62. :he 5rose%#"ion has f#r"her eDa*ined %/-49 Jagpal Yadav

E Jaggu son of Jit Ram Yadav resident of Sikandarpur (hoshi %S

'> (urgaon. :his wi"ness has de5osed "ha" he new a%%#sed 5resen" in

"he %o#r". :hey had *oney "ransa%"ions. !#e "o "he in%iden"+ a%%#sed

%o#ld no" 5ay hi* a% 6.00 la%s. arlier re5ea"edly he had isi"ed "he₹

offi%e of a%%#sed for de*anding *oney and also #sed "o %all hi* for

re"#rn of a*o#n". ;n 2.3.2008+ he had *ade a %all "o "he a%%#sed a"

ao#" 9.009.10 5.*. #" "he a%%#sed did no" 5i% "he*.

63. :he 5rose%#"ion has f#r"her eDa*ined %/-40 'haram?ir

Sharma son of Shri Chetan 'ev Sharma, resident of #ouse +o.A-03,

SanBa$ (ram, =ld 'elhi Road, (urgaon. :his wi"ness has de5osed "ha"

he was )e5or"er in Gee News sin%e #g#s"+200&. In "he year 2008+ he

was %orres5onden" %oering "he area of /#rgaon+ 'o#"h -aryana and I/I

ir5or". -e has one ro"her na*ely (rishan (#*ar+ who is elder "o hi*

and deals in #ilding *a"erial. -is ro"her@s offi%e was si"#a"ed in 4yare

=al B#ilding+ ahra#li )oad+ /#rgaon. ;n 2.3.2008+ a" ao#"

11.0011.30 5.*. when he was in "he area of II' Flyoer in !elhi+ he

re%eied a %all on his *oile "ele5hone No.9873692600 fro* *oile

5hone No.9811999. :he %aller "old "ha" *#rder had "aen 5la%e in

/#rgaon and ased hi* if he wo#ld lie "o %oer "he news. Calls were


50/158


&0

*ade "hree "i*es y "he sa*e 5erson fro* sa*e *oile n#*er. ;n "hird

o%%asion+ "he %aller "old "ha" *#rder of 5oli%e 5ersonnel had "aen 5la%e.

-e has ased "he %aller "o s#rrender in fron" of *edia and wan"s "o "ell

so*e"hing. -e ased hi* "o *ee" hi* a" 'igna"#re :ower a" /#rgaon.

:hereaf"er+ he %on"a%"ed his offi%e si"#a"ed a" Noida and as 5er adise of

res" offi%ers+ re5or"ed "he *a""er "o "he 5oli%e and "hereaf"er+ he %on"a%"ed

'hri '#*i" (#*ar+ C4 !=F /#rgaon and reA#es"ed hi* "o rea%h

'igna"#re :ower wi"hin "he area of 'o#"h Ci"y Chow. :hereaf"er+ he

%alled o"her 5ress %olleag#es na*ely 'anjay :yagi of NI and )aj Ver*a

of aj :a and inA#ired fro* "he* if so*e *#rder had "aen 5la%e in

/#rgaon and "hey s"a"ed "ha" "hey had no s#%h infor*a"ion. :hereaf"er+ no

%onersa"ion "oo 5la%e e"ween hi* and a%%#sed Vijay Bhardwaj on

"ele5hone. %%#sed infor*ed hi* ao#" his lo%a"ion and he "old "ha" he is

ao#" "o rea%h a" 'o#"h Ci"y Chow. %%#sed "old "ha" if he wan"+ "hen he

%o#ld *ee" hi* a" order. -e ref#sed and %oneyed "ha" he will *ee" only

a" 'o#"h Ci"y Chow. :hereaf"er+ he rea%hed 'o#"h Ci"y %how alongwi"h

anoj+ Ca*era*an. ;n asing+ a%%#sed Vijay Bhardwaj infor*ed "ha" he

was %o*ing all alone in @Verna@ %ar. ;n f#r"her asing+ a%%#sed "old "ha"

"he *#rder had "aen 5la%e y firing. -e ased "he a%%#sed "o %o*e o#"

fro* %ar and wo#ld rea%h a" 4e"rol 4#*5 where "here were s#ffi%ien"

ligh"s. -e had no o"her "al wi"h hi* a" "ha" "i*e and he had no" dis%losed

any"hing else "o hi*. :hereaf"er+ he again *ade a %all "o C4 '#*i" and

"hereaf"er rea%hed 4e"rol 4#*5 y oer"aing "he %ar of Vijay Bhardwaj.


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&1

-e had ased his Ca*era*an "o swi"%h on "he %a*era and f#r"her dire%"ed

hi* "o ee5 on "he %a*era r#nning no *a""er wha" ha55ened.


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&2

ody of sa*e des%ri5"ion as "old y his seniors. In "he *ean,while+ r.

ohinder =al arried and %onfir*ed "hro#gh in"eriew "ha" i" was dead

ody of C4 )ajir 'ingh. :hereaf"er+ he infor*ed his -ead offi%e "ha"

news ao#" of *#rder of C4 )ajir 'ingh was %onfir*ed y

Co**issioner of 4oli%e+ /#rgaon and "hey %an "ele%as" "he news i"e*.

:he ;B an had also arried a" "he s5o". -e sen" "he in"eriew re%orded

y hi* of a%%#sed Vijay Bhardwaj and Co**issioner of 4oli%e "hro#gh

;B Van "o his offi%e for "he 5#r5ose of "ele%as". In"eriew was ideo

re%orded y %a*era *an. :hereaf"er+ "ha" "a5e was inser"ed in "he ;B Van

and "hro#gh sa"eli"e dier"ed "o "heir offi%e and i" was eing dire%"ly

"ele%as" fro* ;B Van. ;B Van *eans o#" s"a"ion Broad Cas"ing Van. -e

had no" gien any C! "o /#rgaon 5oli%e. CBI had %on"a%"ed hi* in

res5e%" of "his %ase. -e was joined in "he ines"iga"ion y CBI. )e%ording

da"ed 2.3.2008 on a C! was gien "o CBI whi%h is *.%/5120 whi%h

ears his signa"#re. C! was dis5layed y CBI offi%ial and i"s "rans%ri5"

was 5re5ared as *.%/5123 whi%h also ears his signa"#re. :he wi"ness

iden"ified C! as *.%/402A af"er "he sa*e was "aen o#" fro* sealed

5ar%el. -is "ele5hone n#*er was 5roided y his ro"her sho

Bhardwaj and fro* "here "o Vijay Bhardwaj a%%#sed. -oweer+ "his

wi"ness was de%lared hos"ile and was %ross,eDa*ined y '5e%ial 44 for

"he CBI. :his wi"ness has de5osed "ha" C! in %o#r" is original C!.

6. :he 5rose%#"ion has f#r"her eDa*ined %/-43 )anoB

Shikar@ar, Assistant Commandant, % !+, I!%, Chandigarh . :his


53/158


&3

wi"ness has de5osed "ha" in "he year 2008+ he was 5os"ed as ?#nior


54/158


&

de5osed "ha" he has joined his d#"y in 5oli%e de5ar"*en" on 1&.10.1998.

;n 16"h ay+ 2008+ while he was 5os"ed in 4' Ciil =ines+ /#rgaon+ he

re*ained asso%ia"ed in %onne%"ion wi"h C4 )ajir 'ingh@s *#rder %ase.

;n "ha" day+ a %o*5a%" dis% rela"ing "o *#rder %ase of )ajir 'ingh was

5rod#%ed y !hara*ir 'har*a and was "aen in"o 5oli%e 5ossession ide

sei>#re *e*o *.%/08202 whi%h ears his signa"#re. -e has seen "he

said sei>#re *e*o.

66. :he 5rose%#"ion has f#r"her eDa*ined %/-45 Consta?le

RaBesh Kumar +o.0163, %S S*ctor-07, (urgaon. :his wi"ness has

de5soed "ha" he re*ained 5os"ed in 4' Ciil =ines + /#rgaon. ;n

28.3.2008+ a%%#sed Vijay Bhardwaj was in"erroga"ed y 'I (rishan

(#*ar and he s#ffered dis%los#re s"a"e*en" *.%/0821 a""es"ed y hi*.

In 5#rs#an%e of "ha" dis%los#re s"a"e*en"+ one regis"er and s#i%ide no"e

was re%oered y Vijay Bhardwaj fro* his offi%e. :he re%oered re%ord

was %oner"ed in"o sealed 5ar%el and sealed wi"h "he seal of @B'@ and

sei>#re *e*o *.%/082; was 5re5ared.

67. :he 5rose%#"ion has f#r"her eDa*ined %/-44 Krishan

Kumar (upta son of ate Shri


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&&

an in"eral of half an ho#r+ howeer+ i" was dar. -e 5roided wa"er "o

hi*+ swi"%h on "he ir Condi"ioner and %a*e o#" fro* "he offi%e. f"er

asing =aD*an "o 5#" his i%y%le in "he offi%e. -e had #sed a *o"o%y%le

Ha*ha "o go "o his ho#se. -e had j#s" rea%hed a a"%ha ras"a si"#a"ed a"

ao#" 20 fee" fro* "he offi%e and he s5o""ed "wo 5ersons en"ering in"o "he

offi%e of Vijay Bhardwaj. Finally he lef" for his ho*e on his *o"or%y%le.

:his wi"ness was de%lared hos"ile a" "he reA#es" of learned 44 for "he CBI

wand was %ross,eDa*ined y hi*.

68. :he 5rose%#"ion has f#r"her eDa*ined %/-41 'r. Sahi?

Singh Chandana, Assistant 'irector Serolog$, >orensic Science

a?orator$, )adhu?an Karnal. :his wi"ness has de5osed "ha" he is

ssis"an" !ire%"or 'erology+ F'=+ adh#an+ (arnal. -e de5osed "ha" on

02.0&.2008+ eigh" sealed 5ar%els were re%eied in serology diision. -e

o5ened "hese 5ar%els and 5#" "he eDhii"s for eDa*ina"ion for

de"er*ina"ion of lood origin e"%. and re5or" was 5re5ared. -e has seen

re5or" *.%/4120whi%h ears his signa"#re.

69. :he 5rose%#"ion has f#r"her eDa*ined %/-48 RaBiv )ishra

%S Amar Colon$, +e@ 'elhi. :his wi"ness has de5osed "ha" earlier he

was 5os"ed in 3rd Ba"alion Vias 4#ri in "he year 1997,98. :hereaf"er+ he

was "ransferred "o '! and re*ained 5os"ed "here #5 "o 200. -e re*ained

5os"ed as nifor* 4'; wi"h 'hri )ajir 'ingh+ C4 for ao#" 2 years.

s 5er r#le+ he had "o a%%o*5any "he offi%er for who* he was e*5loyed.

'hri )ajir 'ingh always lie "o hae ano"her 4';s wi"h hi*. s and


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&6

when %alled+ he #sed "o a%%o*5any hi*. ;ne Ciil 4'; always #sed "o

a%%o*5any 'hri )ajir 'ingh+ C4. s#ally+ he along,wi"h o"her #nifor*

4';s a%%o*5any "he es%or". s and when dire%"ed any #nifor* 4';

a%%o*5any C4 )ajir 'ingh+ 'hri )ajir 'ingh #sed "o isi" his ho#se a"

'hiaji Nagar+ /#rgaon+ where his old 5aren"s #sed "o reside. -e #sed "o

a""end offi%e+ 5oli%e -eadA#ar"ers and %o#r"s. -e also #sed "o isi"

'#shan" =o+ /#rgaon+ where his ho#se was #nder %ons"r#%"ion. Vijay

Bhardwaj a%%#sed #sed "o isi" his residen%e. C4 )ajir 'ingh *igh"

hae een isi"ing Vijay Bhardwaj. -e %a*e "o now fro* news so#r%es

"ha" C4 )ajir 'ingh had een *#rdered y Vijay Bhardwaj. No

en%o#n"er had "aen 5la%e wi"h "he %ri*inals in his 5resen%e. :his wi"ness

has de%lared hos"ile a" "he reA#es" of learned 44 for "he CBI and was

%ross,eDa*ined y hi*.

70. :he 5rose%#"ion has f#r"her eDa*ined %/-47 Shri (ulshan

Rai, 'eput$ 'irector, >orensic Science a?, #ar$ana )adhu?an

Karnal. -e f#r"her de5osed "ha" in "his %ase+ he had eDa*ined -indi and

nglish wri"ings and nglish signa"#res whi%h were *ared y hi* as ,

1 "o ,6 on 5age Nos.193 "o 196+ 203 and 20 in loose folders of 5age

Nos. 193 "o 20 of a long regis"er *.%/4720 to *.%/4721. -e had

also eDa*ined "he serra"ions in holes of folders of 5age Nos. 193 "o 20

*ared y hi* as ),1. -e had also eDa*ined "he re*nan"s of 5ages

*ared ),2 agains" folders of 5age Nos.192+ 20& in a long regis"er

*ared ) *.%/4728 and of 'anjay Bhardwaj+ Vijay and sso%ia"es. -e


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&7

had also eDa*ined "he s5e%i*en wri"ings and signa"#res whi%h were

*ared y hi* as ',1 "o ',& and ',11 "o ',31 s"a"ed "o e of 'hri Vijay

Bhardwaj and now *.%/4727 "o *.%/47203 and *.%/47206 "o

*.%/47204. -e f#r"her de5osed "ha" af"er "he %aref#l and "horo#gh

s%ien"ifi% eDa*ina"ion of all "he s"andards and dis5#"ed wri"ing and

signa"#res as well as serra"ions+ he had s#*i""ed his o5inion F'= -

No.08!;C',2068 da"ed &"h ?#ne+2008 whi%h is *.%/47201+ whi%h r#ns

in"o "hree 5ages and ears his signa"#re on all "he 5ages. -is re5or"

%on"ained "he de"ailed reasons #5on whi%h he had for*ed his o5inion. -e

f#r"her de5osed "ha" in his o5inion+ i "he s"andard wri"ings signa"#res

s"a*5ed and *ared '1 "o '&+ '11 "o '31 *.%/4727 to *.%/47204

s"a"ed "o e of Vijay Bhardwaj and A#es"ioned wri"ingssigna"#res

*ared ,1 "o ,6 *.%/4720 to *.%/4721 all hae een wri""en y

one and "he sa*e 5ersonL ii Based #5on "he osera"ions a "he si>e of

"he holes of folders of 5age No.s 193 "o 20 loose 5ages *ared )1

*.%/4720 to *.%/4721 and si>e of "he re*nan"s of 5ages *ared )2

agains" folder of 5ages No.192+ 20& in "he regis"er *ared ) D.4e of "he shee"s in folders earing Nos. 193 "o

20+ "heir "hi%ness+ "in"+ V fl#ores%en%e and r#lings are si*ilar "o "ha"

of res" of "he shee"s in regis"er *ared )+ he is of "he o5inion "ha" "he

shee"s in "he folders earing Nos. 193 "o 20 *.%/4720 to *.%/4721"

had formed part of the register marked R *.%/4728".

71. :he 5rose%#"ion has f#r"her eDa*ined %/-4; Sultan Singh,


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&8

retd. I%S resident of #ouse +o.838, Sector-7, Karnal. :his wi"ness has

de5osed "ha" on 29"h ar%h+ 2008+ he was 5os"ed as Co**andan" of 2nd

Ba"alion -4+ adh#an. -e f#r"her de5osed "ha" on "ha" day+a

%onfiden"ial le""er was re%eied fro* !C4 S #ar$ana )adhu?an.

-e is woring as ssis"an" !ire%"or Ballis"i%s a" F'=+ -aryana adh#an

fro* 5ril+ 200& and 'enior '%ien"ifi% ;ffi%er Ballis"i%s fro* ?an#ary +

1986. -e had eDa*ined and re5or"ed ao#" 7000 firear*s and eD5losie

%ases of -aryana and neigho#ring '"a"es d#ring "his 5eriod and isi"ed

n#*er of s%enes of %ri*e and a55eared as eD5er" wi"ness in ario#s

%o#r"s of -aryana+ !elhi and neigho#ring '"a"es. -e has ao#" 16

5#li%a"ions in Indian and Foreign ?o#rnals. -e f#r"her de5osed "ha" in

"his %ase+ on 2&.3.2008+ he isi"ed "he 5la%e of o%%#rren%e alongwi"h his

"ea* a" ao#" 1.30 5.*. >ollo@ing o?servations were *ade a" "he 5la%e

of o%%#rren%e.

1 5ool of lood was lying 5resen" in sho5 Vijay

sso%ia"es. )o#gh se"%h of "he 5la%e of


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&9

o%%#rren%e was also 5re5ared y hi* and is shown

in 55endiD,I of his re5or". )o#gh se"%h is

*.%/1920+ whi%h ears his signa"#re a" 5oin" .

:he 5la%e of o%%#rren%e was also 5ho"ogra5hed and

"he 5ho"ogra5hs are *.%/1923 to *.%/19201+

whi%h ear his signa"#res on ea%h 5age. C4 'hri

)ajir was s"a"ed "o e si""ing on %hair a" 5la%e in

*y se"%h and fell down af"er #lle" inj#ries.

2 .32K fired defor*ed and *#"ila"ed #lle" was

re%oered lying on "he "ale glass near "he hole on

"he "ale glass.

3 :he "ale glass was fo#nd da*aged and a hole was

fo#nd 5resen" in "he "ale glass. )adial and

%on%en"ri% fra%"#res were fo#nd 5resen" in "he glass

shee".

no"her #lle" of lead .32K reoler #lle" was

re%oered fro* "he head res" of "he %hair lying on

"he o"her side of "he "ale a" 5la%e B shown in "he

se"%h.

&:he sho5 was "horo#ghly sear%hed for any fired

%ar"ridges %ase#lle" e"%. #" no *ore

%ar"ridge#lle" %o#ld e re%oered.

6:he #lle"s re%oered fro* "he s5o" were handed


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60

oer "o 'hri :ahir -#ssain+ Ins5e%"or '-; Ciil

=ine+ /#rgaon.

;sera"ions fro* "he eDa*ina"ion of 5os",*or"e* re5or" of

"he de%eased are as follows$,

1s 5er "he 4) of 'hri )ajir 'ingh+ a "ri,redially

s"ar sha5e firear* wo#nd was fo#nd 5resen" on

#55er *edial fron" of "he forehead. No la%ening+

"a""ooing or 5owder effe%" was fo#nd 5resen" on "he

inj#ries of si>e 1.& E 1.& %*.

2 %ir%#lar wo#nd of si>e 1 %*. dia. was fo#nd

5resen" on "he #55er *iddle a% of "he head.

3 hori>on"ally 5la%ed la%era"edgra>ed wo#nd was

also 5resen" on "he lef" side of "he head .& %*.

aoe "he #55er 5ar" of "he lef" 5inna.

:he wo#nds were also eDa*ined in ideo fil* of

"he a#"o5sy of 'hri )ajir 'ingh+ C4.

;sera"ions fro* eDa*ina"ion of %lo"hes of a%%#sed Vijay

Bhardwaj are as follows$,

1:he shir" of a%%#sed Vijay Bhardwaj was eDa*ined

for "he 5resen%e of g#n sho" resid#es in "he

=aora"ory. Ni"ri"e was fo#nd 5osi"ie on "he fron"

side of "he shir" of a%%#sed Vijay Bhardwaj.

Inferen%e$ Based on "he aoe osera"ions+ his inferen%es were

as #nder$,


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62/158


62

5roje%"ile.

Ni"ri"e was de"e%"ed fro* "he shir" of a%%#sed Vijay

Bhardwaj %on"ained in 5ar%el No.VII.

f"er eDa*ina"ion+ "he eDhii"s were resealed alongwi"h "he

original wra55ers wi"h "he seal of .! Ball F'= -. -is re5or" in "his

%ase is *.%/19208+ whi%h ears his signa"#re.

73. :he 5rose%#"ion has f#r"her eDa*ined %/-10 a$ak Ram

son of late Shri &mar Singh, retd. Inspector C!I resident of


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63

regis"ra"ion of "he %ase i.e. on 3rd of ?#ne+ 2008+ as 5er ins"r#%"ions of

'hri Nirhay (#*ar CI;+ he re%eied do%#*en"s and ar"i%les fro* 'hri

(ishan !e+ '# Ins5e%"or who was ines"iga"ing ;ffi%er of "his %ase

ide 5rod#%"ion,%#*,re%ei5" *e*o da"ed 3.6.2008. -e f#r"her de5osed

"ha" "his *e*o is *.%/1320+ whi%h ears his signa"#re. f"er re%ei5" of

"hese do%#*en"s+ he handed oer "he sa*e "o "he CI; of "he %ase. 'hri

(rishan !e has also signed on ea%h 5age si*#l"aneo#sly wi"h hi*. -e

also re%eied a %hair ide 5rod#%"ion,%#*,re%ei5" *e*o *.%/1323

da"ed 3.6.2008 fro* 'hri (rishan !e+ '# Ins5e%"or 4' Ciil =ine+

/#rgaon. :his *e*o also ears his signa"#re as well as of (rishan !e+

'# Ins5e%"or. f"er re%ei5" of "he sa*e+ "his %hair was also handed oer

"o "he CI; of "he %ase. ;n "he ins"r#%"ions of "he CI;+ he had also

eDa*ined 'hri (rishan !e+ '# Ins5e%"or 4' Ciil =ines+ /#rgaon and

re%orded "he s"a"e*en" #nder 'e%"ion 161 Cr.4.C. %orre%"ly as 5er "he

ersion of "he wi"nesses wi"ho#" any addi"ion or o*ission on his 5ar" on

"he sa*e day i.e. on 3.6.2008. -e also isi"ed "he s%ene of %ri*e i.e.

offi%e of "he a%%#sed Vijay Bhardwaj si"#a"ed a" ehra#li )oad+ o55osi"e

'BI+ /#rgaon. -e also 5re5ared "he sei>#re,%#*,osera"ion *e*o

*.%/1326+ whi%h ears his signa"#re as well as "he signa"#re of CI;

and o"her offi%ers and inde5enden" wi"ness.

7&. :he 5rose%#"ion has f#r"her eDa*ined %/-16 '.).Sharma,

'S% Interpol C!I +e@ 'elhi. :his wi"ness has de5osed "ha" d#ring

?#ne+ 2008+ he was 5os"ed as Ins5e%"or in '5e%ial Cri*e Bran%h+ CBI+


64/158


6

New !elhi. "ea* was %ons"i"#"ed y !I/+ 'C),III for ines"iga"ion of

"his %ase as Chief I; of "he %ase was 'hri Nirhay (#*ar+ ddl. '4. ;n

his ins"r#%"ions+ he sei>ed do%#*en"s fro* 'hri ).(.'ingh+ offi%ial of

Bhar"i ir"el ="d. New !elhi in res5e%" of *oile No.9818981809 ide

5rod#%"ion,%#*,sei>#re *e*o da"ed 9.6.2008 *.%/5520+ whi%h ears

his signa"#re. :he de"ails of "he do%#*en"s are *en"ioned in "he *e*o

*.%/5520. -e also sei>ed do%#*en"s 5er"aining "o *oile

No.981832&& fro* 'hri ).(.'ingh+ offi%ial of Bhar"i ir"el ="d. New

!elhi in res5e%" of *oile No. 981832&& ide 5rod#%"ion,%#*,sei>#re

*e*o da"ed 9.6.2008 *.%/5523+ whi%h ears his signa"#re. :he de"ails

of "he do%#*en"s are *en"ioned in "he *e*o *.%/5523. -e f#r"her

de5osed "ha" he had sei>ed do%#*en"s 5er"aining "o *oile

Nos.9811999+ 9873919999+ 9999998901+ 9899999900 and

9811321030 fro* 'hri /#lshan rora+ offi%ial of Vodafone+ New !elhi

ide 5rod#%"ion,%#*,sei>#re *e*o da"ed 10.6.2008 *.%/5620+ whi%h

ears his signa"#re. :he de"ails of "he do%#*en"s are *en"ioned in "he

*e*o D.4


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66

(rishan (#*ar+ whi%h were "aen in his 5resen%e. ;n reA#es" of Ins5e%"or

'a"ya 4al+ %er"ified %o5y of "he s"a"e*en" #nder 'e%"ion 16 Cr.4.C. was

5roided "o hi* and "he original was sealed y hi* in an enelo5e and

was sen" a% "o learned C?+ /#rgaon.

77. :he 5rose%#"ion has f#r"her eDa*ined %/-14 Shri Ram

Chander (arvan, 'S% C!I Special Crime-III, 'elhi. :his wi"ness has

de5osed "ha" in ?#ne+ 2008+ he was 5os"ed as Ins5e%"or CBI 'CB+ !elhi.

-e re%eied order fro* "he '4+ CBI "o assis" 'hri Nirhay (#*ar+ "he "hen

ddl. '4 CBI in ines"iga"ion of )C No.'2008+ 'CB+ !elhi. -e

f#r"her de5osed "ha" d#ring ines"iga"ion+ he re%orded "he s"a"e*en"s of

'hri sho (#*ar 4a#l *.%/5820+ 'hri Vinod (#*ar *.%/5;20 and

4awan (#*ar /arg *.%/5420. -e had re%orded "he aoe s"a"e*en"s

%orre%"ly+ wi"ho#" any addi"ion or al"era"ion as s"a"ed y "he*. -e had also

%orre%"ly re%orded "he *ared 5or"ions in *.%/5820, *.%/5;20 and

*.%/5420.

78. :he 5rose%#"ion has f#r"her eDa*ined %/-11 Shri Arvind

Jaitle$, Inspector C!I SC-II, +e@ 'elhi. :his wi"ness has de5osed "ha"

he was *e*er of "he ines"iga"ion "ea* of %ase )C No.'2008 and he

5ar"ly ines"iga"ed "he %ase as and when dire%"ed y "he I; 'hri Nirhay

(#*ar. !#ring ines"iga"ion+ he re%orded s"a"e*en"s of 'hri 'andee5

'har*a *.%/602A and 'I 'a" 4al 'ingh of !elhi 4oli%e D.4


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67

*.%/602A and *.%/6720. -e f#r"her de5osed "ha" d#ring

ines"iga"ion+ he also sei>ed "he C! 5er"aining "o "he in"eriew of a%%#sed

Vijay Bhardwaj fro* !hara*ir 'har*a+ re5or"er Gee News on

16.06.2008. -e f#r"her de5osed "ha" "he *e*o 5er"aining "o

sei>#rehanding oer"aing oer *e*o %on"ained his signa"#re. :he C!

was 5layed and a "rans%ri5" of "he in"eriew was also 5re5ared efore

sei>ing and sealing "he sa*e. -e f#r"her de5osed "ha" "he "rans%ri5"

*.%/5123 %on"ained his signa"#re.

79. :he 5rose%#"ion has f#r"her eDa*ined %/-18 Sat %al,

Inspector C!I, +e@ 'elhi. :his wi"ness has de5osed "ha" in "he year

2008+ he was 5os"ed as Ins5e%"or in '5e%ial Cri*e Bran%h+ CBI !elhi. -e

f#r"her de5osed "ha" he was *e*er of "he ines"iga"ion "ea* and he

re%orded "he s"a"e*en"s of !r. #esh )a* 4al+ -C =ill# )a* and

'anjay Bhardwaj %orre%"ly wi"ho#" addi"ion and al"era"ion as "old y

"he*. -e also ins5e%"ed "he s5o" on 3.6.2008 along wi"h o"her "ea*

*e*ers and CF'= C4

*e*o *.%/1326. -e f#r"her de5osed "ha" he also go" re%orded "he

s"a"e*en" of 'hri (ishan (#*ar /#5"a #nder 'e%"ion 16 Cr.4.C. -e

f#r"her de5osed "ha" "he a55li%a"ion for ge""ing "he sa*e re%orded is

*.%/1820 whi%h is signed y hi*. -e also iden"ified 'hri (ishan

(#*ar /#5"a and his signa"#re in *.%/142C.

80. :he 5rose%#"ion has f#r"her eDa*ined %/-17 K.S.+egi,

'$.S% C!I SC-III, +e@ 'elhi. :his wi"ness has de5osed "ha" in "he year


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68

2008+ he was 5os"ed as Ins5e%"or in CBI+ 'CB,I ran%h+ New !elhi. -e

was 5ar" of "he "ea* whi%h was for*ed "o ines"iga"e "he 5resen" %ase.

!#ring ines"iga"ion+ he eDa*ined wi"nesses na*ely (a5il Bhardwaj son

of la"e (h#shi )a*+ shri an*ohan+ 'hri ?ag5al Hada P ?agg#+ )ai

'har*a+ '#hash /#r#*a"a+ '#resh 'e"ia+ Vishal Nagra and 'a"ish

(#*ar and re%orded "heir s"a"e*en"s as "old y "he* wi"ho#" any addi"ion

or al"era"ion. -e also re%eied one nion Ban of India %heA#e and "wo

sli5s regarding re"#rn of said %heA#e as #n5aid d#e "o ins#ffi%ien" f#nds

ide re%ei5" *e*o *.%/1720 fro* r. )a*esh Chand+ whi%h ears his

signa"#re. -e f#r"her de5osed "ha" "he %heA#e N;.19872 da"ed 10.7.2007

is *ar %/172A and *e*os of ins#ffi%ien" f#nds are *ar %/172! and

%/172C.

81. :he 5rose%#"ion has f#r"her eDa*ined %/-1; 'eepti

&mashankar, Joint Secretar$, Services and


69/158


69

82. :he 5rose%#"ion has f#r"her eDa*ined %/-89 +ir?ha$

Kumar, S% *conomic =ffences-II, C!I, 'elhi. :his wi"ness has

de5osed "ha" in ?#ne+ 2008+ he was 5os"ed as ddi"ional '#5erin"enden"

of 4oli%e in '5e%ial Cri*e Bran%h+ CBI+ !elhi. -e f#r"her de5osed "ha" in

?#ne+ 2008+ he was 5os"ed as ddi"ional '#5erin"enden" of 4oli%e in

'5e%ial Cri*e Bran%h+ CBI+ !elhi. 4#rs#an" "o "he no"ifi%a"ions iss#ed y

/o". of -aryana #nder 'e%"ion 6 of !'4 %" and /o". of India #nder

'e%"ion & of !'4 %"+ "he FI) earing no.'2008 da"ed 2.6.2008 was

regis"ered in 'CB,1 CBI New !elhi and "he ines"iga"ion was en"r#s"ed "o

hi*. -e re%ogni>ed "he signa"#res of "he "hen '4 'hri '? /illani on FI)

whi%h is *.%/8920. f"er "he regis"ra"ion of "he %ase+ a "ea* was

%ons"i"#"ed for assis"ing hi* d#ring "he %o#rse of ines"iga"ion and i"

%o*5rised of ''hri Ins5e%"or (.'.Negi+ )a*esh (#*ar+ =aya )a*+

'a"5al+ ).(.?ha e"%. e"%. for "he ins5e%"ion of s%ene of %ri*e y forensi%

eD5er"s+ seri%es of CF'= eD5er"s+ inde5enden" wi"nesses and C4

offi%ials were reA#isi"ioned. ;n 3.6.2008+ "he s%ene of %ri*e was

ins5e%"ed and a" "he ins"an%e of CF'= "ea*+ lood sa*5les fo#nd a" "he

s%ene of %ri*e were %olle%"ed. :he sei>#re,%#*,osera"ion *e*o

regarding "his ins5e%"ion and sei>#re was 5re5ared and "he sa*e is

*.%/1326. -e re%ogni>ed his signa"#re. ;n "he sa*e day+ i" was

infor*ed "ha" -C 'her 'ingh has %olle%"ed "he o5inion and "he eDhii"s of

F'= eD5er"s rela"ed "o "his %ase and a%%ordingly+ he was dire%"ed "o re5or"

"o hi* in "he offi%e. :he said F'= re5or" and eDhii"s were sei>ed ide a


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5rod#%"ion,%#*,re%ei5" *e*o whi%h is *.%/8923. -e re%ogni>e his

signa"#re on "he las" 5age of *e*o. :he %ase 5ro5er"y of "his %ase whi%h

was sei>ed fro* "he lo%al 5oli%e was sen" "o CF'= ide le""er da"ed

&.6.2008 on whi%h he iden"ified "he signa"#re of "he "hen '4. :he le""er is

*.%/8925. !#ring "he %o#rse of ins5e%"ion of s%ene of %ri*e+ "he

C4

o5inion of "he eD5er"s were so#gh" y "he "hen '4 'hri '.?../illani. :his

le""er is *.%/8924. !#ring "he %o#rse of ines"iga"ion+ "he s"a"e*en"s of

ario#s wi"nesses whi%h in%l#ded "he friends and fa*ily *e*ers of "he

a%%#sed+ "he lo%al 5oli%e offi%ials who had %ond#%"ed "he ines"iga"ion of

"his %ase+ "hose who were aware of "he #siness and *one"ary dealings of

"he a%%#sed wi"h "he de%eased and o"her 5ersons e"%. were re%orded. :he

s"a"e*en" re%orded #nder 'e%"ion 16 Cr.4.C. of 'hri (rishan (#*ar+

seran" of a%%#sed Vijay Bhardwaj was also go" re%orded d#ring "he

%o#rse of ines"iga"ion. :he F'= re5or"s were also %olle%"ed and "aen on

re%ord in "his %ase. f"er "he %olle%"ion of relean" *a"erial+ "he CBI

findings were 5la%ed efore "he !e5#"y Co**issioner+ !is"ri%" /#rgaon+

-aryana ide le""er da"ed 1819.6.2008 y 'hri '? /illani+ "he "hen '4

CBI whose signa"#re he re%ogni>e of "his le""er whi%h is *.%/8921.

Vide "his le""er+ "he san%"ion for 5rose%#"ion in res5e%" of %o**ission of

offen%es #nder r*s %" was so#gh". :he san%"ion so re%eied was


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s#*i""ed la"er,on in "he %o#r". ;n "he asis of *a"erial %olle%"ed in "his

%ase+ a %harge,shee" was filed agains" a%%#sed Vijay Bhardwaj whi%h is

*.%/8928 on whi%h he re%ogni>e his signa"#re. Ins5e%"or )a*esh

(#*ar who was 5ar" of "he "ea* and had 5ar"ly ines"iga"ed "he *a""er.

-e had re%orded "he s"a"e*en"s of wi"nesses na*ely ''hri =ahan 4al+

nil (#*ar+ 4#r#sho"a*+ ?aiir+ sho (#*ar+ nsh#l aheshwari+

Bhagwan !ass+ ahesh (#*ar+ )a*esh (a"aria+ -arhajan 'ingh+

!hara*ir 'har*a+ (rishan (#*ar /#5"a+ 'ha*ir 'ingh+ !har*ender

'a%hde+ !hara*ir 'agar+ '#*i" (#*ar+ C4+ 'I 'oha )a*+ ?awahar

'ingh 'I+ )ajender 'ingh+ (anwar 'ingh+ -C 'a"ish (#*ar+ anoj

(#*ar+ Cons"ale Bhagwan+ )ajesh (#*ar+ )a*esh (#*ar e"%. e"%.

%orre%"ly and wi"ho#" any addi"ion or al"era"ion. -e iden"ified his

signa"#re on all "he s"a"e*en"s re%orded y hi* and referred here,in,

efore. -e had also "aen in 5ossession do%#*en"s ide *e*o da"ed

.6.2008 *.%/8927+ *e*o da"ed 9.6.2008 *.%/320 and *e*o da"ed

11.6.2008 *.%/892;. -e re%ogni>ed "he signa"#re of 'hri )a*esh

(#*ar on "hese *e*os.

83. f"er %losing "he eiden%e of "he 5rose%#"ion+ s"a"e*en" of

a%%#sed #nder se%"ion 313 Cr.4.C. was re%orded.

8. Calling #5on "o lead defen%e eiden%e+ "he a%%#sed eDa*ined

'/-0 Shri Suresh Kumar, Consta?le +o.6111, %S Civil ines,

(urgaon. :his wi"ness has de5osed "ha" he has ro#gh" "he FI) regis"er

of 4oli%e '"a"ion Ciil =ines+ /#rgaon %on"aining FI) No.390 da"ed


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19.12.2007 #nder 'e%"ions 20+67+68+71 I4C. f"er ines"iga"ion+ "he

%harge,shee" was filed in "he %o#r" a" /#rgaon. :he a%%#sed was a%A#i""ed

ide order da"ed 1.7.2009 5assed y "he %o#r" of 'hri !.N.Bhardwaj+

?#di%ial agis"ra"e Firs" Class+ /#rgaon. :he "r#e 5ho"o %o5y of "he FI)

and res#l" "hereof is *.'/02A whi%h is %orre%" as 5er "he regis"er whi%h

he has ro#gh". s 5er re%ord+ no a55eal was filed agains" "he j#dg*en"

da"ed 01.07.2009.

8&. %%#sed has eDa*ined '/-3


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C4 )ajir 'ingh was fo#nd in sho5,%#*,offi%e of "he a%%#sed. I" is also

ad*i""ed d#ring "rial "ha" "he offen%e i.e. *#rder of C4 )ajir 'ingh was

%o**i""ed in "he aforesaid offi%e,%#*,sho5 owned y "he a%%#sed.

89. -e f#r"her arg#ed "ha" "he 5rose%#"ion has eDa*ined 4


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No.9811999 whi%h in fa%" was #sed y a%%#sed. :his fa%" is %lear fro*

"he 5ho"ogra5hs 5rod#%ed y "he 5rose%#"ion "ha" sign oard of sho5 of

a%%#sed fo#nd *en"ioned aforesaid *oile n#*er. :h#s+ "he %on"a%" of

a%%#sed wi"h 4


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D.4


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h#*an lood and "here is no eiden%e on 5ar" of "he a%%#sed "ha" "here

was any %han%e of s"aining shoe of "he a%%#sed y o"her *eans. No inj#ry

on "he 5erson of a%%#sed was fo#nd or %lai*ed. :herefore+ fro* "he

aforesaid fa%"+ "he 5resen%e of a%%#sed on "he s%ene of %ri*e is

es"alished. -e also arg#ed "ha" as 5er aforesaid re5or"+ i" is %lear "ha" shir"

of a%%#sed was fo#nd "o e s"ained wi"h g#n 5owder resid#e and i" is

es"alished eyond reasonale do#" "ha" a%%#sed in fa%" #sed a g#n and

"his fa%" %learly es"alish "ha" "he offen%e was %o**i""ed only y "he

a%%#sed. In "hese %ir%#*s"an%es+ no differen" 5roale o5inion %an e

fra*ed.

9. =earned 44 f#r"her*ore arg#ed "ha" as far as %a#se of dea"h

of )ajir 'ingh C4 is %on%erned+ "he 5rose%#"ion has eDa*ined 4


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no" in a 5osi"ion "o 5ay a% "he *oney. Being afraid+ he hi" #5on a 5lan

"o eli*ina"e C4 )ajir 'ingh.


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sho5 of "he a%%#sed a" any "i*e. s 5er s"a"e*en" of 4


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%ir%#*s"an"ial eiden%e+ a%%#sed *ay e held g#il"y. :o #""ress his

%on"en"ions+ learned 44 relied #5on +isar Khan *+C* C=&+S*

100. :o "he %on"rary+ learned defen%e %o#nsel s"a#n%hly arg#ed

"ha" "here was no *o"ie aailale wi"h "he a%%#sed "o %o**i" *#rder of

C4 )ajir 'ingh. -e arg#ed "ha" "here is no" an io"a of eiden%e

aailale on file+ y whi%h i" *ay e inferred y "he %o#r" "ha" de%eased

)ajir 'ingh in his life"i*e had gien *oney "o "he a%%#sed. 4


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5rose%#"ion and were de%lared hos"ile y "he 5rose%#"ion. :he aforesaid

wi"nesses hae hel5ed "he a%%#sed e%a#se so*e of "he* hae s"a"ed "ha"

"he a%%#sed was "aing *oney fro* "he* and was re"#rning 5eriodi%ally

wi"ho#" any fa#l". :hese wi"nesses hae also de5osed "ha" a%%#sed was

haing good re5#"a"ion in #siness %ir%le and he was giing high re"#rn "o

his ines"ors and his dealings were fair. In "hese %ir%#*s"an%es+ no *o"ie

was aailale wi"h "he a%%#sed "o %o**i" *#rder of C4 )ajir 'ingh

sin%e de%eased. -e on "he asis of his aforesaid arg#*en"s+ #rged "ha" in

asen%e of *o"ie eiden%e ased #5on %ir%#*s"an"ial eiden%e los" i"s

signifi%an%e. :h#s+ "he 5rose%#"ion has failed "o 5roe "ha" any *o"ie

was aailale wi"h "he a%%#sed "o %o**i" *#rder of C4 )ajir 'ingh

sin%e de%eased.

101. -e also arg#ed "ha" as 5er s"a"e*en" of 4


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%i"y /#rgaon. :his %learly reeals "ha" o"h of "he* are go" #5 wi"nesses.

-e also arg#ed "ha" none of "he 5rose%#"ion wi"nesses hae 5roed a fa%"

"ha" a%%#sed was in arrears. No"hing has een ro#gh" on file "ha" af"er

o#n%ing of alleged %heA#e+ any s#i" or %ri*inal %o*5lain" was filed. 4


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s"a"e*en" of 4


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:herefore+ "he 5rose%#"ion has %o*e wi"h "wo ersions and %onseA#en"ly+

y "he %o#r" "he ersion whi%h is fao#rale "o "he a%%#sed is "o e

%onsidered. -e also arg#ed "ha" "he s"a"e*en" of 4


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y hi* and fro* "ha" 5oin" of "i*e+ "he a%%#sed was "aen "o "he 5la%e of

o%%#rren%e and handed oer "o "he 5oli%e. Con"rary "o i"+ 4


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side of !'4 '#*i" (#*ar a" 6.30 a* and i" was infor*ed "ha" "he a%%#sed

was 5resen" a" 4oli%e '"a"ion Ci"y /#rgaon. =earned defen%e %o#nsel

f#r"her arg#ed "ha" "here are *a"erial o*issions in "he s"a"e*en" of 4

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