State vs Neetu on 13 April, 2026

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    Delhi District Court

    State vs Neetu on 13 April, 2026

             IN THE COURT OF MS. SHIVALI BANSAL
              LD. ADDITIONAL SESSIONS JUDGE-02,
           DWARKA COURTS, S-W DISTRICT, NEW DELHI.
    
    
    In the matter of: -
    
              State          Vs.     Neetu
                                     S/o Sh. Mool Chand
                                     R/o Village Chadod,
                                     PS Mathon, District Bonda,
                                     Uttar Pradesh.
    
    
    Sessions Case No.                         70/21.
    FIR No.                                   717/20.
    PS                                        Chhawla.
    CNR No.                                   DLSW01-001210-2021.
    Charge-sheet filed                        U/s 302/201 IPC.
    Charge(s) framed against accused U/s 302/201 IPC.
    Neetu
    Date of filing of charge-sheet            20.10.2020
    Date of case committed to Sessions 30.01.2021.
    Court
    Date of arguments                         04.04.2026.
    Date of judgment                          13.04.2026.
    Decision                                  Acquittal.
    
                              JUDGMENT
    

    1. Accused Neetu is facing trial for offences alleged to be
    committed u/s 302/201 IPC. He is accused of committing
    murder of Bhupender in the intervening night of 21-
    22.07.2020, between 2.30 am to 3.00 am, in the house of
    one Mahender Singh, at gali no. 7, Goyla Vihar, Goyla
    Dairy. It is further alleged that accused Neetu after

    FIR No. 717/20. State Vs. Neetu.

    SPONSORED
    PS Chhawla.                                                  Page No. 1 of 56.
    
                           SHIVALI         Digitally signed by
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                           BANSAL          Date: 2026.04.13
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    commission of murder has hidden dead body in a vacant
    plot bearing no. 23/23, gali no. 7, Goyla Vihar, Goyla Dairy,
    near St. Thomes School, so as to screen himself from the
    legal punishment.

    2. Briefly stated the facts of the case, as per charge-sheet, are
    that on 22.07.2020, SI Shubham Singh received an
    information vide DD No. 44A that Const. Ram Swaroop has
    informed by phone that suspect Neetu has been caught at
    Chhawla drain, who on interrogation told that he had
    murdered his partner and he can get the dead body
    recovered. SI Shubham Singh left for spot. SHO concerned
    was telephonically informed about the incident, who also
    reached at the spot alongwith staff and found Const. Ram
    Swaroop and Const. Jitender with accused Neetu. Crime
    Team was already called at the spot. SI Shubham Singh
    reached at the spot and got inspected the spot from Crime
    Team. Photographs of the spot were taken.

    3. At the instance of accused, dead body of Bhupender, aged
    about 28-30 years, was found lying in a vacant plot near the
    crime scene. The dead body soaked in blood was found
    lying in a ruined room with severe injury marks on his face
    and head. The accused informed that he had a fight with
    Bhupender that night, and at about 2.30-3.00 am in the
    night, he had killed Bhupender inside the room by hitting on
    his head and face with an iron rod and the dead body was
    dumped in a ruined room lying nearby after covering the
    dead body with garbage from the plot. The dead body was
    wearing blue colour pants and light pink colour t-shirt,

    FIR No. 717/20. State Vs. Neetu.

    PS Chhawla.                                                 Page No. 2 of 56.
    
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    which had printed front. The dead body was covered with
    garbage lying around.

    4. Crime Team had already taken photographs of the spot on
    the instructions of Inspector. Photographs were taken even
    after taking the dead body out and there were blood stains in
    the room built inside house no. 23/23, gali no. 7, Goyala
    Vihar, which was also photographed by Crime Team.
    Exhibits were lifted from the spot and taken into police
    possession. Thereafter, the present case was got registered.

    5. During investigation, the dead body was got preserved at
    RTRM Hospital, site plan was prepared. Disclosure
    statement of accused was recorded. Accused got recovered
    iron pipe by which he killed Bhupender, which was hide
    under the bushes in the plot, where the dead body thrown.

    6. During further investigation, police recorded statement u/s
    161
    CrPC of house owner Mahender for whom the accused
    used to work. He stated that he met Neetu and Bhupender
    near St. Thomas School about 5-6 days ago and they agreed
    to for him. He brought Neetu and Bhupender to his house at
    23/23, gali no. 7, Goyla Vihar, Goyla Dairy, New Delhi, and
    they started working in his house. There are 5 rooms in his
    house and a cow lives in one room. Till the work is over, he
    gave the room in which the cow lives to Neetu and
    Bhupender. His tenant Renu lives in the room next to his
    room. Bhupender used to fight with Neetu after getting
    drunk and used to make noise and abuse Neetu. Even on
    the night of 21-22.07.2020, Bhupender drank alcohol and
    started fighting and abusing Neetu. He explained to

    FIR No. 717/20. State Vs. Neetu.

    PS Chhawla.                                                 Page No. 3 of 56.
    
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    Bhupender and then went to his room. Neetu came to the
    room with police. He was also present at home at that time.
    Neetu went ahead and got the blood soaked dead body of
    Bhupender recovered from the vacant plot, who had many
    injury marks on his face and head. Neetu told that he had a
    fight with Bhupender that night, whom he killed inside the
    room at around 2.30-3.00 am in the night by hitting him on
    the head and face with an iron rod and the dead body was
    found in a ruined empty room nearby. Neetu had thrown the
    dead body in the bathroom and covered it with garbage so
    that no one suspects him. The dead body was wearing a
    blue pant.

    7. Site plan of spot was prepared, where accused Neetu killed
    Bhupender and threw the body in a ruined empty plot and
    covered it with garbage.

    8. Disclosure statement of accused was recorded wherein he
    admitted his guilt.

    9. Statement of Renu, who lived in the room next to the
    accused, was recorded u/s 161 CrPC, wherein she
    mentioned that she alongwith her family used to live in the
    house of Mahender Singh, who brought two labourers
    namely Bhupender and Neetu for work his house.
    Bhupender was an alcoholic and used to abuse and fight
    with Neetu after drinking alcohol. On 21-22.07.2020, also
    Bhupender abused and fought with Neetu. Her landlord
    Mahender explained to Bhupender and went to his room.
    Neetu came to the room with the police and recovered the
    blood soaked dead body of Bhupender from the vacant

    FIR No. 717/20. State Vs. Neetu.

    PS Chhawla.                                                Page No. 4 of 56.
    
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    ruined plot, who had many injury marks on his face and
    head. Neetu told that he had a fight with Bhupender that
    night, whom he killed inside the room by hitting him on the
    head and face with an iron rod at around 2.30-3.00 am in the
    night and threw the dead body in the vacant ruined room
    and covered the body with garbage so that no one suspects
    him. The dead body was wearing blue colour pants and
    light pink colour printed t-shirt, which was printed from the
    front and the dead body was covered with garbage lying
    around.

    10. During investigation, accused got recovered iron pipe,
    which was taken into police possession. Recovery of iron
    pipe was videographed. Case property was deposited in
    malkhana. Postmortem on the dead body of deceased was
    got conducted. As per postmortem report cause of death is
    cerebral damage consequent upon blunt force injury to head;
    all the injuries are ante-mortem in nature and could have
    been caused by hard and blunt force trauma. Scaled site
    plan was got prepared. Statement of relevant witnesses
    were recorded.

    11. On completion of investigation, charge-sheet was filed by
    the IO before the Court through the SHO. Supplementary
    charge-sheet was also filed in the Court by the IO through
    SHO. Copy of charge-sheet was received by ld. defence
    counsel on behalf of accused on 07.12.2020 u/s 207 CrPC.
    Vi d e order dated 27.01.2021, the case was
    committed to the Court of Sessions u/s 209 CrPC.

    FIR No. 717/20. State Vs. Neetu.

    PS Chhawla.                                                    Page No. 5 of 56.
    
                              SHIVALI      Digitally signed by
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                              BANSAL       Date: 2026.04.13
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    12. Vide order dated 23.04.2022, the Ld. Predecessor Court
    framed charges against the accused u/s 302/201 IPC.
    Accused pleaded not guilty and claimed trial.

    13. To prove its case, prosecution has examined 21 witnesses.

    The testimonies of prosecution witnesses alongwith its
    nature has been discussed briefly in the following
    paragraphs.

    
                          Chart of Witnesses Examined
    
    
      PW No.               PW Name                          Description
        PW1                Pushpender         Brother of deceased/witness of
                                              dead body identification memo
        PW2                 Mahender               Landlord of accused and
                                                          deceased
        PW3              ASI Raj Kumar            Witness of various seizure
                                                           memos
        PW4             HC Rakesh Kumar                      MHC(M)
    
        PW5           ASI (Retired) Bhagwan    Incharge, Mobile Crime Team
                              Yadav
        PW6             ASI Banwari Lal       Member of Mobile Crime Team
    
        PW7                 HC Vikas          Member of Mobile Crime Team
    
        PW8                SI Shubham                        Initial IO
    
        PW9                HC Pradeep                  Messenger to FSL
    
       PW10              W-HC Minakshi          Duty Officer-cum-DD Writer
    
       PW11                 HC Sunil                       Duty Officer
    
       PW12                Ranjeet Pal            Videographer of recovery
                                                  proceedings of weapon of
                                                          offence
       PW13              HC Jai Bhagwan             Preserver of dead body
    
       PW14             HC Ram Swaroop            Beat Officer, who firstly
                                                 apprehended the accused in
    
    
    FIR No. 717/20.                                                  State Vs. Neetu.
    PS Chhawla.                                                     Page No. 6 of 56.
    
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                                                            suspected condition
       PW15              HC Jitender Kumar             Beat Officer, who firstly
                                                      apprehended the accused in
                                                         suspected condition
       PW16              HC Ashok Kumar                     Messenger to FSL
    
       PW17                 HC Balram                Messenger to rukka and FIR
    
       PW18                     Renu               Neighbour of the deceased and
                                                           the accused
       PW19              Dr. Uttam Kondle          Prepared MLC of the deceased
    
       PW20           Inspector Gyanender Rana                 IO of the case
    
       PW21            Inspector Pankaj Kumar        IO of supplementary charge-
                                                                sheet
    
    
                           Chart of Exhibited Documents
    
    
      Exhibit No.                  Description of Document                  Proved By
       Ex.PW1/A                 Dead body identification memo                   PW1
    
       Ex.PW3/A              Seizure memo of clothes of deceased                PW3
    
       Ex.PW3/B                 Seizure memo of nail clippings                  PW3
    
       Ex.PW3/C                    Seizure memo of viscera                      PW3
    
       Ex.PW3/D                  Seizure memo of blood gauze                    PW3
    
       Ex.PW4/A           Entry of register no. 19 vide serial no. 2125         PW4
         (OSR)                         dated 22.07.2020
    
       Ex.PW4/B           Entry of register no. 19 vide serial no. 2125         PW4
        (OSR)
    
       Ex.PW4/C                   Copy of RC No. 154/21/20                      PW4
        (OSR)
    
       Ex.PW4/D          Acknowledgment of case property acceptance             PW4
         (OSR)
    
       Ex.PW4/E                   Copy of RC No. 164/21/20                      PW4
        (OSR)
    
    
    FIR No. 717/20.                                                       State Vs. Neetu.
    PS Chhawla.                                                          Page No. 7 of 56.
    
                               SHIVALI             Digitally signed by
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        Ex.PW4/F       Acknowledgment of case property acceptance           PW4
        (OSR)
    
       Ex.PW5/A               Mobile Crime Team report                     PW5
    
     Ex.PW7/A-1       Photographs of spot clicked by photographer          PW7
          to                        of Crime Team
     Ex.PW7/A-38
    
       Ex.PW8/A        Seizure memo of blood sample, blood earth           PW8
    

    control collected by ASI Jai Bhagwan,
    Incharge, Mobile Crime Team, from the spot
    Ex.PW8/B Seizure memo of earth control garbage, earth PW8
    control garbage mixed with blood and blood
    stained jute bag lying near the dead body
    Ex.PW8/C Tahrir/rukka PW8

    Ex.PW8/D Seizure memo of weapon of offence i.e. an PW8
    iron rod
    Ex.PW8/E Unscaled site plan PW8

    Ex.PW8/F Arrest memo of accused PW8

    Ex.PW8/G Personal search memo of accused PW8

    Ex.PW8/H Disclosure statement of accused PW8

    Ex.P-1 Dirty and muddy blackish jute bag PW8

    Ex.P-2 Iron rod PW8

    Ex.PW10/A DD No. 44A PW10

    Ex.PW11/A Endorsement on rukka PW11

    Ex.PW11/B Copy of FIR PW11

    Ex.PW11/C Certificate u/s 65B Indian Evidence Act PW11

    Ex.P-3 DVD containing videography of recovery PW12
    proceedings of weapon of offence
    Ex.PW16/A Copy of RC No. 164/21/20 PW16

    Ex.PW16/B Acknowledgment of case property acceptance PW16

    Ex.PW18/PX1 Statement of PW Renu PW18

    FIR No. 717/20. State Vs. Neetu.

    PS Chhawla.                                                     Page No. 8 of 56.
    
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       Ex.PW19/A                      MLC No. 2536                           PW19
    
      Ex.PW20/A        Seizure memo of sealed pulanda containing            PW20
                            blood stained clothes of accused
      Ex.PW20/B                       Form 25.35-B                          PW20
    
         Ex.P-4                   Earth control garbage                     PW20
    
         Ex.P-5          Earth control garbage mixed with blood             PW20
    
         Ex.P-6                        Earth control                        PW20
    
         Ex.P-7              Earth control stained with blood               PW20
    
         Ex.P-8                           Blood                             PW20
    
         Ex.P-9                    Clothes of deceased                      PW20
    
        Ex.P-10                 Nail clipping of deceased                   PW20
    
        Ex.P-11                    Viscera of deceased                      PW20
    
        Ex.P-12                  Blood gauge of deceased                    PW20
    
        Ex.P-13        T-shirt of accused, which he worn at the time        PW20
                                        of his arrest
         Ex.P-1        Pant of accused, which he worn at the time of        PW20
                                         his arrest
      Ex.PW21/A                Supplementary charge-sheet                   PW21
    
    
    
    

    Chart of admitted documents u/s 294 CrPC

    Exhibit No. Description of Document
    Ex.PX-1 (colly) FSL report (running into 6 pages)
    Ex.PX-2 (colly) MLC and related documents (running into 4 pages)
    Ex.PX-3 GD No. 62A
    Ex.PX-4 GD No. 68A
    Ex.PX-5 GD No. 91A
    Ex.PX-6 Scaled site plan
    Ex.PX-7 (colly) PM report alongwith related documents (running into 5
    pages)

    FIR No. 717/20. State Vs. Neetu.

    PS Chhawla.                                                       Page No. 9 of 56.
    
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           Ex.PX-8               Dead body identification memo
    
    
    

    14. PW1 Pushpender deposed that in month of July 2020, he
    came to Delhi and identified dead body of his brother
    Bhupender at RTRM Hospital vide identification memo
    Ex.PW1/A. At that time, his brother was residing in the
    house of Mahender as tenant in Goyla Dairy.

    15. PW2 Mahender deposed that at the time of incident, he was
    constructed a shed for his cattles, which he had kept at his
    house no. 23/23, gali no. 7, Goyla Vihar, Goyla Dairy, and
    hired accused Neetu and Bhupender to construct the shed,
    who met him outside on a road in front of St. Thomas
    School. He further deposed that both Neetu and Bhupender
    agreed to do the work and they installed cemented shed in
    his house. Out of five rooms of his house, he gave a room
    to Neetu and Bhupender to stay during the pendency of
    work. Neetu and Bhupender told PW2 that when weather
    will be appropriate they will leave the place. His other
    tenant Babli was also residing in other room alongwith his
    wife Renu.

    16. During cross examination of PW2 by ld. Additional PP for
    State, he deposed that when police came with Neetu, Neetu
    led them to the plot, where blood stained dead body of
    Bhupender was lying and that dead body was having injury
    on head and face. That Neetu disclosed that he had a fight
    with Bhupender in the night and about 2.30-3.00 am, Neetu
    hit Bhupender with iron rod and killed him and his dead
    body was thrown in a room and then Neetu covered it with
    garbage, so that nobody gets any suspicion. (Vol. At that

    FIR No. 717/20. State Vs. Neetu.

    PS Chhawla.                                                 Page No. 10 of 56.
    
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    time, Neetu was in custody of police and was sitting in the
    PCR van.) That at that time, Bhupender was wearing a blue
    color pant and pink color printed t-shirt and his dead body
    was covered in garbage. PW2 also identified the dead body
    to be of Bhupender.

    17. PW3 ASI Raj Kumar deposed that on 23.07.2020, he
    alongwith Inspector Gyanender Rana reached at RTRM
    Hospital, where identification of dead body of deceased
    Bhupender was got conducted through relatives of deceased
    namely Pushpender and Babu Lal. Thereafter, postmortem
    examination on the dead body of deceased Bhupender was
    got conducted and after postmortem examination, concerned
    doctor given him a sealed parcel sealed with the RTRM
    Hospital containing viscera of the deceased alongwith
    sample seal. He further deposed that thereafter, another
    sealed parcel containing cloths of deceased, other sealed
    parcels containing nail clippings of right and left hand of
    deceased and other sealed parcel containing blood gauze of
    deceased were handed over by the doctor concerned and
    said sealed exhibits were seized by the IO in his presence
    vide seizure memo of cloths of deceased Ex.PW3/A, seizure
    memo of nail clippings Ex.PW3/B, seizure memo of viscera
    Ex.PW3/C, seizure memo of blood gauze Ex.PW3/D. He
    also deposed that thereafter, dead body was handed over to
    its relatives for cremation.

    18. PW4 HC Rakesh Kumar deposed that on 22.07.2020, SI
    Shubham Singh has given him 6 sealed parcels/exhibits
    alongwith copies of its seizure memo and Inspector

    FIR No. 717/20. State Vs. Neetu.

    PS Chhawla.                                                Page No. 11 of 56.
    
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    Gyanender Rana has given him 2 sealed parcels/exhibits
    alongwith copies of its seizure memo. Said sealed exhibits
    were deposited in the malkhana and he made entry (running
    into 3 pages) in register no. 19 vide serial no. 2125 dated
    22.07.2020 Ex.PW4/A (OSR).

    19. He further deposed that on 23.07.2020, Inspector Gyanender
    Rana has given him 5 sealed parcels/exhibits alongwith
    copies of its seizure memo, which he deposited in the
    malkhana and made entry in register no. 19 vide serial no.
    2125 Ex.PW4/B (OSR).

    20. He also deposed that on 19.08.2020, seized exhibits i.e.
    sealed wooden box containing viscera of deceased
    alongwith sample seal were got deposited in FSL, Rohini,
    for examination through Const. Pradeep as per directions of
    SHO concerned. After depositing the same in FSL, copy of
    RC No. 154/21/20 Ex.PW4/C (OSR) alongwith
    acknowledgment of case property acceptance Ex.PW4/D
    (OSR) were handed over to him by Const. Pradeep.

    21. He further deposed that on 27.08.2020, 12 sealed parcels
    alongwith sample seal were also got deposited in FSL vide
    RC No. 164/21/20 Ex.PW4/E (OSR) through Const. Ashok
    for examination and after that he received the copy of RC
    alongwith acknowledgment of case property acceptance
    Ex.PW4/F (OSR).

    22. PW5 ASI (Retired) Bhagwan Yadav deposed that on
    22.07.2020, he was posted as Incharge at Mobile Crime
    Team, PS Dwarka South, Dwarka Sector-9, New Delhi, and
    at about 12.45 pm, upon receiving information from PS

    FIR No. 717/20. State Vs. Neetu.

    PS Chhawla.                                                Page No. 12 of 56.
    
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    Chhawla regarding murder of a person, he alongwith team
    members including HC Vikas (Photographer), HC Banwari
    Lal (Finger Print Proficient), HC Jai Singh (Videographer),
    reached at the spot i.e. 23/23, Mahender ka Makaan, Goyla
    Vihar, Gali No. 7, Chhawla, New Delhi, where SHO and
    other police officials met them. Thereafter, at the
    instructions of IO SI Subham, he inspected the spot and
    prepared his report Ex.PW5/A and handed over his report to
    IO.

    23. PW6 ASI Banwari Lal deposed that on 22.07.2020, he
    alongwith ASI Bhagwan Yadav (Incharge Crime Team), HC
    Vikas (Photographer), Const. Jai Singh (Videographer),
    reached at the spot i.e. 23/23, Mahender ka Makaan, Goyla
    Vihar, Gali No. 7, Chhawla, New Delhi, where SHO and
    other police officials met them. One dead body was lying
    there in a damaged room on a plot. Garbage was also lying
    there. Opposite that plot, in a room some blood spots were
    also there. Thereafter, at the instructions Incharge Crime
    Team, he inspected both the places and tried to lift chance
    prints but since there was no plain surface to lift chance
    prints, no chance print could be obtained. Thereafter, he
    informed about the same to Incharge Crime Team.

    24. PW7 HC Vikas deposed that on 22.07.2020, he was
    assigned duty of Photograph in Mobile Crime Team and he
    alongwith ASI Bhagwan Yadav (Incharge Crime Team), HC
    Banwari Lal (Finger Print Proficient), Const. Jai Singh
    (Videographer), reached at the spot i.e. 23/23, Mahender ka
    Makaan, Goyla Vihar, Gali No. 7, Chhawla, New Delhi,

    FIR No. 717/20. State Vs. Neetu.

    PS Chhawla.                                                Page No. 13 of 56.
    
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    where SHO and other police officials met them. One dead
    body was lying at the spot and on the instructions of
    Incharge Crime Team, he clicked 38 photographs
    Ex.PW7/A-1 to Ex.PW7/A-38 from different angels at the
    spot from the digital camera and later, he took printout of
    the photographs on 5 sheets and handed over the same to
    IO.

    25. PW8 SI Shubham deposed that on 22.07.2020, on receiving
    DD No. 44A, he reached at place of occurrence i.e. a house
    no. 23/23, near St. Thomas School, Goyla Vihar, Goyla
    Dairy, where SHO and other police staff were found there.
    Members of Crime Team were also present at the spot.
    During inspection of the spot, blood sample, blood earth
    control were collected by ASI Jai Bhagwan, Incharge,
    Mobile Crime Team, and same were handed over to him,
    which he taken into police possession vide seizure memo
    Ex.PW8/A. Crime scene was photographed by government
    photographer.

    26. He further deposed that accused Neetu was also present at
    the spot who led them to a adjoining plot of said house,
    where some garbage was lying, and dead body of a person
    namely Bhupender was got recovered. Deceased was
    wearing blue colour pant and pink colour printed t-shirt.
    There were multiple injuries on the face and head of
    deceased. Dead body was got photographed. From there,
    earth control garbage, which was lying near the dead body,
    earth control garbage mixed with blood lying near the dead
    body and blood stained jute bag lying near the dead body

    FIR No. 717/20. State Vs. Neetu.

    PS Chhawla.                                                   Page No. 14 of 56.
    
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    were separately sealed and were taken into police
    possession vide seizure memo Ex.PW8/B.

    27. He also deposed that he prepared tahrir/rukka Ex.PW8/C
    and got registered present FIR through Const. Balaram.
    Further investigation of this case was marked to IO
    Inspector Gyanender Rana. Before registration of the case,
    place of incident was inspected and a site plan Ex.PW2/D-1
    was prepared.

    28. He further deposed that during investigation, accused Neetu
    led them to the place, where dead body was found lying and
    at some distance from the place of dead body, accused
    Neetu got recovered weapon of offence i.e. an iron rod,
    which was sealed and it was taken into police possession by
    IO in his presence vide seizure memo Ex.PW8/D. Unscaled
    site plan Ex.PW8/E regarding the place of recovery of said
    weapon of offence was prepared by IO in his presence.
    Dead body of deceased was got preserved in the mortuary of
    RTRM Hospital through Const. Jai Bhagwan.

    29. He further deposed that accused Neetu was arrested, his
    personal search was conducted and whatsoever he disclosed
    was reduced into writing, vide his arrest memo Ex.PW8/F,
    personal search memo Ex.PW8/G and disclosure statement
    Ex.PW8/H. Thereafter, he left the spot and custody of
    accused was with IO.

    30. He identified a dirty and muddy blackish jute bag Ex.P-1
    and an iron rod Ex.P-2.

    31. PW9 HC Pradeep deposed that on 19.08.2020, on the
    instruction of IO Inspector Gyanender Rana, he collected

    FIR No. 717/20. State Vs. Neetu.

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    one sealed wooden box containing viscera of deceased, vide
    RC No. 154/21/20 Ex.PW4/C and deposited the same in
    FSL, Rohini. After depositing the same, he handed over
    copy of acceptance of acknowledgment Ex.PW4/D to the
    MHC(M).

    32. PW10 W-HC Minakshi deposed that on 22.07.2020, she
    received an information from Const. Ram Swaroop that ” ek
    suspect aadmi Neetu to Chhawla nale par pakad rakha hai,
    jisne puchtach par bataya hai ki mene apne sathi ka mardur
    kar diya hai, mai dead body recover kara sakta hun, IO
    bheja jaye”. Said information was got fed in official
    computer through CCTNS Operator vide DD No. 44A
    Ex.PW10/A and same was handed over to SI Shubham to
    proceeded further and information to this effect was given to
    concerned SHO.

    33. PW11 HC Sunil deposed that on 22.07.2020, upon receiving
    rukka from Const. Balram sent by SI Shubham, he gone
    through the same and made his endorsement Ex.PW11/A on
    rukka. Thereafter, he registered present FIR. Copy of FIR
    Ex.PW11/B (OSR) and original rukka were handed over to
    Const. Balram for handing it over to SI Shubham for further
    investigation. He also issued certificate u/s 65B Indian
    Evidence Act Ex.PW11/C.

    34. PW12 Ranjeet Pal deposed that he is running a
    photographer shop under the name and style of Ranjeet Pal
    Studio at Kharanga Main Road, Qutub Vihar Phase-1, Goyla
    Dairy. At the request of police official, he videographed the
    recovery proceedings and thereafter, handed over the video

    FIR No. 717/20. State Vs. Neetu.

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    recording to IO in a DVD Ex.P-3. DVD was played in the
    Court and found containing two files bearing names
    “004.mp4” and “005.mp5”. Videos shows recovery
    proceedings of weapon of offence of this case. PW12
    identified the videos prepared by him.

    35. PW13 HC Jai Bhagwan deposed that on 22.07.2020, on the
    instructions of IO Inspector Gyanender Rana, he got
    preserved dead body of Bhupender in mortuary of RTRM
    Hospital vide MLC No. 2534. He further deposed that on
    the direction of IO, he left the PS on government
    motorcycle bearing registration no. DL-1S-Z-5345 and
    provided/handed over copy of FIR to concerned Ld. MM,
    Joint CP, Western Range and DCP concerned.

    36. PW14 HC Ram Swaroop and PW15 HC Jitender Kumar
    deposed that on 22.07.2020, at about 11.30 am, they were
    on patrolling duty and during patrolling, when they reached
    near Chhat Ghat nala, Chhawla, one person was in
    suspicious condition coming towards them. Some blood
    stains were visible on his clothes. On asking, he disclosed
    that he had killed his friend Bhupender and hide the dead
    body under garbage at a vacant plot, Goyla Dairy, Goyla
    Vihar, which is situated near his residence. That person
    further disclosed that he can show the place where he has
    hidden the dead body.

    37. They further deposed that PW14 immediately passed said
    information to SHO Inspector Gyanender Rana and Duty
    Officer concerned. IO Inspector Gyanender Rana came at
    the spot. On asking, said person disclosed his name to

    FIR No. 717/20. State Vs. Neetu.

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    police party as Neetu and thereafter, accused led police
    party to gali no. 7, Goyla Vihar, Goyla Dairy, near St.
    Thomas School, to a vacant plot and pointed out towards an
    abandoned room and told that he had hide the dead body of
    his friend there.

    38. They also deposed that members of Crime Team were called
    at the spot by IO, which inspected the spot and dead body of
    a male person aged about 26-28 years was found under the
    garbage. There are several injury marks on his face and
    head and the dead body was in a pool of blood. Deceased
    was wearing blue colour pant and pink colour printed t-shirt.
    Spot was got photographed. Dead body was taken out from
    the garbage.

    39. They further deposed that accused disclosed the name of
    deceased as Bhupender. Accused also informed that the
    deceased was living with him for last about 4-5 days at his
    house no. 23/23, gali no. 7, Goyla Vihar, Goyla Dairy, New
    Delhi. They reached at said residence, where IO made
    inquiry from public persons. Mahender owner of said house
    was called, who informed that deceased was residing with
    accused for last 4-5 days in his house and they both were
    doing labour job at his plot. Mahender further informed that
    accused and deceased used to drink and fighting with each
    other on previous night and he tried to make them
    understand.

    40. They also deposed that SI Shubham came at the spot.

    During inspection of the spot, blood sample in blood gauze
    piece, blood sample and blood earth control were collected

    FIR No. 717/20. State Vs. Neetu.

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    by ASI Jai Bhagwan, Incharge, Mobile Crime Team, and
    thereafter, the same were handed over to SI Shubham,
    which he took into police possession, vide seizure memo
    Ex.PW8/A. They also deposed that from the spot, earth
    control garbage, which was lying near the dead body, earth
    control garbage mixed with blood lying near the dead body
    and blood stained jute bag lying near the dead body were
    separately sealed and taken into police possession vide
    seizure memo Ex.PW8/B.

    41. They further deposed that SI Shubham prepared rukka
    Ex.PW8/C and got registered present FIR through Const.
    Balaram and thereafter, copy of FIR and original rukka were
    handed over to IO Inspector Gyanender Rana, who carried
    out further investigation. They also deposed that accused
    Neetu was arrested vide arrest memo Ex.PW8/F. Accused
    was personally searched vide personal search memo
    Ex.PW8/G. During investigation, accused made disclosure
    statement Ex.PW8/H. They also deposed that accused led
    police party to the bushes and got recovered one iron pipe
    with the help of which he killed the deceased. Said pipe was
    taken into police possession vide seizure memo Ex.PW8/D.
    Videography of recovery of the iron pipe was also got done.
    PW14 and PW15 identified dirty and muddy blackish jute
    bag Ex.P-1 and iron rod Ex.P-2.

    42. PW16 HC Ashok Kumar deposed that on 27.08.2019, on the
    instruction of IO, he collected 15 sealed pulandas from the
    MHC(M) vide RC No. 164/21/20 Ex.PW16/A and deposited
    the same in FSL, Rohini. After depositing the same, he

    FIR No. 717/20. State Vs. Neetu.

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    handed over copy of acceptance of acknowledgment
    Ex.PW16/B to the MHC(M).

    43. PW17 HC Balram deposed that on 22.07.2020, upon
    receiving information that murder was committed at house
    no. 23/23, gali no. 7, Goyala Vihar, Goyala Dairy, he
    reached at the spot, where SI Shubham, Const. Jitender,
    Const. Ram Swaroop and Crime Team members met. A
    dead body whose name he came to know as Bhupender,
    aged about 28-30 years, was found lying in a room. There
    were many marks of injury on the face and head of the dead
    body. SI Shubham prepared a rukka and handed over him
    for registration of FIR and thereafter, he handed over
    original rukka alongwith copy of FIR to SI Shubham.
    Accused Neetu was arrested vide arrest memo Ex.PW8/F.
    At the instance of accused, one iron pipe i.e. weapon of
    offence was recovered from the bushes of the plot, which
    was taken into police possession vide memo Ex.PW8/D.
    Videography of spot and recovery of iron pipe was done. He
    got medically examined the accused at RTRM hospital vide
    MLC No. 2536/20 and exhibits were handed over by the
    doctors in sealed condition. He came back to PS and he
    handed over all the exhibits to the IO alongwith accused.

    44. PW18 Renu deposed that in the year 2020, he was residing
    on rent in the house of Mahender Singh at gali no. 7, Goyla
    Vihar, Goyla Dairy, Delhi. Mahender brought two labour
    persons namely Neetu and Bhupender for the purpose of
    constructions and a room adjacent to her room was given to
    said two persons for residence by Mahender Singh. During

    FIR No. 717/20. State Vs. Neetu.

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    rainy seasons of 2020, one day she came to know that
    Bhupender was murdered. Police came at the spot and
    apprehended Neetu. Neetu was handcuffed in police
    custody and he was telling that he had committed the
    murder of Bhupender.

    45. During cross examination by ld. Additional PP for State, she
    deposed that the incident happened in the night of 21-
    22.07.2020. When accused Neetu was quarreling with
    deceased Bhupender, Mahender tried to make them
    understand not to fight with each other and then Mahender
    left to his house. Accused lead police party for recovery of
    dead body of Bhupender from a nearby plot. She had seen
    dead body of Bhupender, who was having injury mark on
    face and head. She stated to police that accused Neetu told
    that he had a fight in the intervening night with Bhupender
    and at about 2.30 am, Neetu killed Bhupender with the help
    of iron rod by giving blows on his head and face. Her
    statement Ex.PW18/PX1 was recorded by police during
    investigation on 22.07.2020.

    46. PW19 Dr. Uttam Kondle deposed that on 22.07.2020, at
    about 20:59 hours, he examined Neetu, who was brought for
    medical examination by Const. Balram. He sealed clothes
    of patient at the request of IO and prepared MLC No. 2536
    Ex.PW19/A of said patient. Clothes after sealing were
    handed over to Const. Balram.

    47. PW20 Inspector Gyanender Rana deposed about the
    investigation carried out by him in this case and proved
    various documents including seizure memo Ex.PW20/A of

    FIR No. 717/20. State Vs. Neetu.

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    sealed pulanda containing blood stained clothes of accused,
    Form 25.35-B Ex.PW20/B and scaled site plan Ex.PX-6. He
    identified jute bag Ex.P-1, iron rod/pipe Ex.P-2, earth
    control garbage Ex.P-4, earth control garbage mixed with
    blood Ex.P-5 seized vide seizure memo Ex.PW8/B, earth
    control Ex.P-6, earth control stained with blood Ex.P-7 and
    blood Ex.P-8 seized vide seizure memo Ex.PW8/A, clothes
    of deceased Ex.P-9 seized vide seizure memo Ex.PW3/A,
    nail clipping of deceased Ex.P-10 seized vide seizure memo
    Ex.PW3/B, viscera of deceased Ex.P-11 seized vide seizure
    memo Ex.PW3/C, blood gauge of deceased Ex.P-12 seized
    vide seizure memo already Ex.PW3/D and one t-shirt
    Ex.P-13 and pant Ex.P-1 of accused, which he worn at the
    time of his arrest and same were handed over to him into a
    sealed pulanda seized by him vide Ex.PW20/A.

    48. PW21 Inspector Pankaj Kumar deposed that on 14.05.2022
    he filed supplementary charge-sheet Ex.PW21/A. During
    investigation, he collected FSL report Ex.PX-1 of the
    exhibits.

    49. Accused has admitted following documents u/s 294 CrPC: –

    (i) FSL report (running into 6 pages) as Ex.PX-1 (colly).

    (ii) MLC and related documents (running into 4 pages) as
    Ex.PX-2 (colly).

    (iii) GD Nos. 62A, 68A and 91A as Ex.PX-3 to 5.

    (iv) Scaled site plan as Ex.PX-6.

    (v) PM report alongwith related documents (running into 5
    pages) as Ex.PX-7 (colly).

    (vi) Dead body identification memo as Ex.PX-8.

    FIR No. 717/20. State Vs. Neetu.

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    50. After closing of prosecution evidence, separate statement of
    accused was recorded u/s 313 CrPC, wherein he denied all
    the charges against him. He also stated that he is innocent
    and has been falsely implicated in this present case because
    he is a poor person. He also stated that entire case as well
    as evidence has been created/manufactured at the behest of
    IO/police in order to frame him in this case.

    51. Accused opted to lead defence evidence and has examined
    only one witness in his defence. The testimonies of defence
    witness alongwith its nature has been discussed briefly in
    the following paragraphs.

    
                         Chart of Witnesses Examined
    
    
      DW No.              DW Name                             Description
        DW1             Sachin Kr. Patel          Meteorologist-A, Regional
                                                  Meteorological Centre, India
                                                  Meteorological Department,
                                                   Lodhi Road, New Delhi.
    
    
                         Chart of Exhibited Documents
    
    
      Exhibit No.               Description of Document                     Proved By
      Ex.DW1/A        Authorisation letter to appear before the Court         DW1
                                        and depose
      Ex.DW1/B           Letter dated 08.07.2024 received in their            DW1
    

    office from the office of ld. counsel for
    accused requesting to provide weather data for
    21.07.2020, 22.07.2020 and 23.07.2020 of
    Dwarka and Najafgarh areas in Delhi
    Ex.DW1/C Their letter no. RMCND-16015(12)/2/2024- DW1
    RWFC-RMCND/77 dated 24.07.2024
    pursuant to letter Ex.DW1/B
    Ex.DW1/D Cloud cover (in Okta) as mentioned in letter DW1
    (colly) Ex.CW1/C, which can be interpreted based on

    FIR No. 717/20. State Vs. Neetu.

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    the glossary of IMD, which is already
    available online

    52. DW1 Sachin Kr. Patel deposed that he has been authorised
    to appear and depose before the Court vide letter
    Ex.DW1/A. He further deposed that letter dated 08.07.2024
    (Ex.DW1/B) was received in their office from the office of
    Mr. Bharat Gupta, ld. counsel for accused, requesting to
    provide weather data for 21.07.2020, 22.07.2020 and
    23.07.2020 of Dwarka and Najafgarh areas in Delhi.
    Pursuant to said letter, he issued letter no.
    RMCND-16015(12)/2/2024-RWFC-RMCND/77 dated
    24.07.2024 (Ex.DW1/C) on behalf of Head RMC, New
    Delhi, wherein the data mentioned is based on the
    measurement and records of India Meteorological
    Department (hereinafter referred as IMD). The cloud cover
    (in Okta) as mentioned in said letter can be interpreted
    based on the glossary of IMD, which is already available
    online and is also on record as Ex.DW1/D (colly and
    running into 13 pages) and relevant portion is at point A on
    page no. 9.

    53. Final arguments were advanced by Ms. Rajesh Kumari, ld.

    Additional PP for State and Sh. Bharat Gupta, ld. counsel
    for accused.

    54. Hon’ble Supreme Court of India in Judgment titled as
    Sharad Bridhichand Sarda Vs. State of Maharashtra“,
    (1984) 4 SCC 116, has laid down the five golden principles
    for appreciation of circumstantial evidence and has termed
    the same as Panchsheel of the Proof of Case based on

    FIR No. 717/20. State Vs. Neetu.

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    circumstantial evidence. The said five golden principles are
    as follows: –

    a. The circumstances from which the conclusion of the
    guilt is to be drawn should be and not merely ‘may be’
    fully established.

    b. The facts so established should be consistent only with
    the hypotheses of the guilt of accused, that is to say,
    they should not be explainable on any other
    hypotheses except that the accused is guilty.
    c. The circumstances should be of conclusive nature and
    tendency.

    d. They should exclude every possible hypotheses except
    the one to be proved.

    e. There must be a chain of evidence so complete as not
    to leave any reasonable ground for the conclusion
    consistent with the innocence of the accused and must
    show that in all probability the act must have been
    done by the accused.

    55. Thus, before recording the conviction of accused the
    abovesaid five conditions must be satisfied. The prosecution
    has to establish its case on the basis of abovesaid five
    golden principles and to secure conviction of accused,
    the prosecution must fulfill the following requirements: –

    (i) The circumstances from which the inference of the
    guilt of the accused is to be drawn must be firmly
    established.

    (ii) The established circumstances must be of such definite
    tendency that points out towards the guilt of accused.

    FIR No. 717/20. State Vs. Neetu.

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    (iii) The chain of the circumstances must be so complete
    and there should not be any snap in the chain of
    circumstances.

    (iv) The chain of circumstances must be so complete and
    incapable of any other hypotheses then that the guilt of
    the accused and same should also be inconsistent with
    the innocence of the accused and must exclude every
    other possible hypotheses except with the hypotheses
    pointing out towards the guilt of the accused.

    56. The law relating to circumstantial evidence, as explained in
    several decisions including “Sharad Birdichand Sarda Vs.
    State of Maharashtra
    “, AIR 1984 SC 1622, “Tanviben
    Pankajkumar Divetia Vs. State of Gujarat
    “, (1997) 7 SCC
    156, “Harishchandra Ladaku Thange Vs. State of
    Maharashtra
    “, AIR 2007 SC 2957, and “Vithal Eknath
    Adlinge Vs. State of Maharashtra
    “, AIR 2009 SC 2067, is
    fairly well settled.

    57. Reference can be made to the case of “Sanatan Naskar &
    Another Vs. State of West Bengal
    “, (2010) 8 SCC 249 ,
    where it was observed as follows: –

    “27. There cannot be any dispute to the fact that it is a
    case of circumstantial evidence as there was no
    eyewitness to the occurrence. It is a settled principle of
    law that an accused can be punished if he is found guilty
    even in cases of circumstantial evidence provided, the
    prosecution is able to prove beyond reasonable doubt
    complete chain of events and circumstances which
    definitely points towards the involvement and guilt of the
    suspect or accused, as the case may be. The accused will
    not be entitled to acquittal merely because there is no
    eyewitness in the case. It is also equally true that an
    accused can be convicted on the basis of circumstantial
    evidence subject to satisfaction of the accepted principles

    FIR No. 717/20. State Vs. Neetu.

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                 in that regard."
    
    
    

    58. In “Gagan Kanojia Vs. State of Punjab“, (2006) 13 SCC
    516, the Supreme Court opined: –

    “9. Indisputably, charges can be proved on the basis of
    the circumstantial evidence, when direct evidence is not
    available. It is well settled that in a case based on a
    circumstantial evidence, the prosecution must prove that
    within all human probabilities, the act must have been
    done by the accused. It is, however, necessary for the
    courts to remember that there is a long gap between ‘may
    be true’ and ‘must be true’. Prosecution case is required to
    be covered by leading cogent, believable and credible
    evidence. Whereas the court must raise a presumption that
    the accused is innocent and in the event two views are
    possible, one indicating to his guilt of the accused and the
    other to his innocence, the defence available to the
    accused should be accepted, but at the same time, the
    court must not reject the evidence of the prosecution,
    proceeding on the basis that they are false, not
    trustworthy, unreliable and made on flimsy grounds or
    only on the basis of surmises and conjectures. The
    prosecution case, thus, must be judged in its entirety
    having regard to the totality of the circumstances. The
    approach of the court should be an integrated one and not
    truncated or isolated. The court should use the yardstick of
    probability and appreciate the intrinsic value of the
    evidence brought on records and analyze and assess the
    same objectively.”

    59. It can thus clearly be seen that it is necessary for the
    prosecution that the circumstances from which the
    conclusion of the guilt is to be drawn should be fully
    established. The Court held that it is a primary principle that
    the accused ‘must be’ and not merely ‘may be’ proved guilty
    before a court can convict the accused. It has been held that
    there is not only a grammatical but a legal distinction
    between ‘may be proved’ and ‘must be or should be
    proved’. It has been held that the facts so established should

    FIR No. 717/20. State Vs. Neetu.

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    be consistent only with the guilt of the accused, that is to
    say, they should not be explainable on any other hypothesis
    except that the accused is guilty. It has further been held that
    the circumstances should be such that they exclude every
    possible hypothesis except the one to be proved. It has been
    held that there must be a chain of evidence so complete as
    not to leave any reasonable ground for the conclusion
    consistent with the innocence of the accused and must show
    that in all human probabilities the act must have been done
    by the accused.

    60. It is settled law that suspicion, however strong it may be,
    cannot take the place of proof beyond reasonable doubt. An
    accused cannot be convicted on the ground of suspicion, no
    matter how strong it is. An accused is presumed to be
    innocent unless proved guilty beyond a reasonable doubt.

    61. The brief facts of the case as enumerated by the IO in the
    charge-sheet are that upon receiving of GD No. 0044A at
    13.44.05 hours, it became known that accused Neetu was
    apprehended by the police official for the murder of
    deceased Bhupender. Thereafter, Crime Team was called at
    the spot for inspection. The Crime Team had inspected the
    spot and seized earth control garbage, which was lying near
    the dead body, earth control garbage mixed with blood lying
    near the dead body, jute bag stained with blood lying near
    the dead body vide seizure memo Ex.PW8/B and earth
    control, earth control stained with blood and blood lying
    near the place of occurrence, where accused murdered the
    deceased vide seizure memo Ex.PW8/A. The Crime Team

    FIR No. 717/20. State Vs. Neetu.

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    had also taken the photographs, which are Ex.PW7/A-1 to
    Ex.PW7/A-38. At the same time, accused Neetu got
    recovered iron rod stained with blood from the bushes in a
    vacant plot seized vide seizure memo Ex.PW8/B.
    Thereafter, FIR was registered on 22.07.2020 at 16.34
    hours. It is further stated that after the registration of FIR,
    the dead body was preserved in RTRM Hospital and scaled
    site plan were prepared i.e. Ex.PW8/E, Ex.PW2/D-1 and
    Ex.PX-6, accused Neetu was arrested and his disclosure
    statement was recorded. In the disclosure statement, it was
    recorded that the dead body and the weapon of offence were
    recovered at the instance of accused Neetu. Thereafter,
    statement of other witnesses namely Mahender and Renu
    were recorded by the police. It is further stated in the
    charge-sheet that in the presence of photographer HC Vikas
    weapon of offence i.e. iron rod was recovered from a room
    by accused Neetu and the same was seized. It is also stated
    that thereafter the dead body of deceased Bhupender was
    identified by his brother and brother-in-law, postmortem
    was conducted upon the same and the charge-sheet was filed
    u/s 302 r/w/s 201 IPC.

    62. At the outset, it is most relevant to point out that the police
    had carried out faulty investigation in the present case. It is
    evident that no FIR was registered immediately upon receipt
    of GD No. 0044A at 13.44.05 hours and the FIR was came
    to be registered only at 4.34 pm. Before the registration of
    FIR, the weapon of offence was already recovered and
    seized vide Ex.PW8/D and the dead body was already

    FIR No. 717/20. State Vs. Neetu.

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    recovered. After the registration of FIR, accused Neetu was
    arrested at 6.30 pm from Gali No. 7, Goyla Vihar, Goyla
    Dairy, New Delhi. Thereafter, his disclosure statement was
    recorded, which is Ex.PW8/H. In the disclosure statement,
    it is recorded that the dead body was already recovered by
    the police officials at the instance of accused Neetu and the
    weapon of offence i.e. iron rod can be recovered at the
    instance of accused Neetu. In pursuance of the disclosure
    statement, the iron rod was not recovered as is evident from
    the seizure memo Ex.PW8/D. In the seizure memo
    Ex.PW8/D, the inks in which case FIR No. 717/20 and DD
    No. 44A is written are different. DD No. 44A and the entire
    seizure memo is recorded with gel pen, whereas FIR No.
    717/20 is recorded with ball pen, which clearly highlights
    that the seizure memo Ex.PW8/D was modified/altered by
    the police officials. In the charge-sheet, the IO has
    categorically stated that the iron pipe was recovered from
    the room, which was photographed by HC Vikas, however,
    as per the seizure memo Ex.PW8/D, the iron rod was
    recovered from the bushes in a vacant plot and not from the
    room. HC Vikas was examined by the prosecution as PW7.
    He in his cross examination has stated that no iron rod was
    recovered by the IO in his presence and IO had not told him
    to click photograph of any iron rod. This casts doubt upon
    the manner of investigation.

    63. In the instant case before registration of FIR, the dead body
    was recovered. It is the case of the prosecution that the dead
    body was recovered at the instance of the accused Neetu.

    FIR No. 717/20. State Vs. Neetu.

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    However, in case of “Ramanand @ Nandlal Bharti Vs. State
    of UP
    “, (2023) 16 SCC 512, it has been categorically held
    as under: –

    “56. The requirement of law that needs to be fulfilled
    before accepting the evidence of discovery is that by
    proving the contents of the panchnama. The investigating
    officer in his deposition is obliged in law to prove the
    contents of the panchnama and it is only if the
    investigating officer has successfully proved the contents
    of the discovery panchnama in accordance with law, then
    in that case the prosecution may be justified in relying
    upon such evidence and the trial court may also accept the
    evidence. In the present case, what we have noticed from
    the oral evidence of the investigating officer, PW−7,
    Yogendra Singh is that he has not proved the contents of
    the discovery panchnama and all that he has deposed is
    that as the accused expressed his willingness to point out
    the weapon of offence the same was discovered under a
    panchnama. We have minutely gone through this part of
    the evidence of the investigating officer and are convinced
    that by no stretch of imagination it could be said that the
    investigating officer has proved the contents of the
    discovery panchnama (Exh.5). There is a reason why we
    are laying emphasis on proving the contents of the
    panchnama at the end of the investigating officer, more
    particularly when the independent panch witnesses though
    examined yet have not said a word about such discovery
    or turned hostile and have not supported the prosecution.
    In order to enable the Court to safely rely upon the
    evidence of the investigating officer, it is necessary that
    the exact words attributed to an accused, as statement
    made by him, be brought on record and, for this purpose
    the investigating officer is obliged to depose in his
    evidence the exact statement and not by merely saying
    that a discovery panchnama of weapon of offence was
    drawn as the accused was willing to take it out from a
    particular place.

    57. Let us see what has been exactly stated in the
    discovery panchnama (Exh.5) drawn on 24.01.2010. We
    quote the relevant portion as under:

    “Today on 24.1.2010, the arrested accused
    Ramanand alias Nandlal Bharti son of Late
    Shri Gobre, resident of− Naamdar Purwa,
    Hamlet− Amethi, original resident of village−
    Basadhiya, Police Station− Isanagar, District−
    Lakhimpur Kheri has been taken out of the

    FIR No. 717/20. State Vs. Neetu.

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    lock−up, taken in confidence and then
    interrogated by me− the Station House Officer
    Yogendra Singh before Hamrah S.S.I. Shri
    Uma Shankar Mishra, S.I. Shri Nand Kumar,
    Co. 374 Mo. Usman, Co. 598 Prabhu Dayal,
    Co. 993 Santosh Kumar Singh, Co. 394
    Shrawan Kumar then he confessed the offence
    occurred in the incident and weepingly said in
    apologizing manner that, “I myself have
    committed this crime to get government grant
    for being a rich man and to marry Km. Manju
    D/o Kanhai, resident of Pakadiya, Police
    Station− Tambaur, District− Sitapur regarding
    whereof the detailed statement has been
    recorded by you. The baanka used in the
    incident and the pant−shirt, on which blood
    spilled from the bodies of deceased persons
    got stained and which had been put off by me
    due to fear, have been kept hidden at a secret
    place by me which I can get recovered by
    going there.”

    In expectation of recovery of murder weapon and
    blood−stained clothes, I−the Station House Officer
    Yogendra Singh alongwith aforesaid Hamrahis departed
    carrying accused Ramanand alias Nandlal Bharti by
    official jeep UP70AG0326 alongwith driver Raj Kishor
    Dixit for the destination pointed out by the accused, vide
    Rapat No.− 7 time 07.15…” [Emphasis supplied]

    58. We shall now look into the oral evidence of the
    PW−7, Investigating Officer wherein, in his examination
    in chief, he has deposed as under:

    “In January 2010 I was posted as Station
    House Officer, Kotwali Dhaurahara. On
    22.1.10, I myself had taken the investigation
    of aforesaid case. On that day I had copied
    chik, rapat and recorded the statements of chik
    writer H. Constable Dhaniram Verma and
    complainant of the case. After recording the
    statement of complainant of the case Shambhu
    Raidas I inspected the occurrence spot on his
    pointing out and prepared the site plan which
    is present on record; on which Exhibit Ka−6
    has been marked. And I had also recorded the
    statement of hearsay witnesses Ahmad
    Hussain and Nizamuddin. On 23.1.10, I
    recorded the statements of witnesses
    Kshatrapal, Rustam Raidas. On 24.1.10, I
    arrested accused Ramanand and recorded his

    FIR No. 717/20. State Vs. Neetu.

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    statement and when he expressed that − he
    may get recovered the murder weapon used in
    the incident, I recovered the murder weapon
    baanka before the witnesses on his pointing
    out; which had been sealed−stamped at the
    spot and its recovery memo had been prepared
    at the spot itself, which is present on record as
    Exhibit Ka−5….”

    [Emphasis supplied]

    59. We shall also look into the oral evidence of the
    PW−6, Uma Shankar Mishra who at the relevant point of
    time was serving as a Sub−Inspector Chowki In−charge
    Bahjam, Police Station. It appears that the PW−6 had also
    participated in the proceedings of discovery panchnama.
    He has deposed in his examination in chief as under:

    “On 24.11.2010, I was posted at Police
    Station− Dhaurahara. That day, Ramanand S/o
    Gobre Rio Naamdar Purwa, Police
    Station−Dhaurahara, domicile of village
    Basadhiya, Police Station− Isha Ganj,
    District− Kheri, the arrested accused of Crime
    No. 49/10 U/S 302 State versus Ramanand
    alias Nandlal Bharti, was taken out of male
    lock up by the then In−charge Inspector and
    followers S.I. Nand Kumar, Co. Mo. Usman,
    Co. Prabhu Dayal, Co. Santosh Kumar Singh
    and Co. Shravan Kumar, and interrogated by
    the Incharge Inspector in my presence, during
    which he confessed and told that he would get
    recovered the murder weapon used in the
    murder and his blood stained pant−shirt which
    he had kept hidden at a secret place. On this,
    expecting the recovery of murder weapon and
    blood stained clothes, the SHO along with
    followers and force, carrying accused
    Ramanand with him, departed on an official
    jeep ~ vide GD No. 7 time 7:15 a.m dated
    24.01.2010. On the way, he picked up public
    witnesses Chhatrapal S/o Rameshwar and
    Pratap S/o Asharfi Lal, both residents of
    Naamdar Purwa, Hamlet− Amethi for the
    purpose of recovery.”

    [Emphasis supplied]

    60. From the aforesaid two things are quite evident. In
    the original panchnama (Exh.5), the statement said to have
    been made by the accused appellant figures, however, in
    the oral evidence of the PW−7, investigating officer &
    PW−6, Sub−Inspector the exact statement has not been

    FIR No. 717/20. State Vs. Neetu.

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    deposed, more particularly when it comes to the
    authorship of concealment. The contents of the
    panchnama cannot be read into evidence as those do not
    constitute substantive evidence.

    61. Further, the examination−in−chief of the PW−6,
    Sub−Inspector and PW−7, investigating officer does not
    indicate that they were read over the panchnama (Exh.5)
    before it was exhibited, since one of the panch witnesses
    was not examined and the second panch witness though
    examined yet has not said a word about the proceedings of
    the discovery panchnama. Everything thereafter fell upon
    the oral evidence of the investigating officer and the
    Sub−Inspector (PW−6).

    62. In the aforesaid context, we may refer to and rely
    upon the decision of this Court in the case of Murli v.
    State of Rajasthan
    reported in (2009) 9 SCC 417, held as
    under:

    “34. The contents of the panchnama are not
    the substantive evidence. The law is settled on
    that issue. What is substantive evidence is
    what has been stated by the panchas or the
    person concerned in the witness box…….”

    [Emphasis supplied]

    63. One another serious infirmity which has surfaced is
    in regard to the authorship of concealment by the person
    who is said to have discovered the weapon.

    64. The conditions necessary for the applicability of
    Section 27 of the Act are broadly as under:

    (1) Discovery of fact in consequence of an
    information received from accused;

    (2) Discovery of such fact to be deposed to;
    (3) The accused must be in police custody
    when he gave information; and
    (4) So much of information as relates
    distinctly to the fact thereby discovered is
    admissible – Mohmed Inayatullah v. The State
    of Maharashtra
    : AIR (1976) SC 483

    Two conditions for application –

    (1) information must be such as has caused
    discovery of the fact; and
    (2) information must relate distinctly to the
    fact discovered − Earabhadrappa v. State of
    Karnataka
    : AIR (1983) SC 446″

    FIR No. 717/20. State Vs. Neetu.

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    65. We may refer to and rely upon a Constitution Bench
    decision of this Court in the case of State of Uttar Pradesh
    v. Deoman Upadhyaya
    reported in AIR (1960) SC 1125,
    wherein, Paragraph−71 explains the position of law as
    regards the Section 27 of the Evidence Act:

    “71. The law has thus made a classification
    of accused persons into two: (1) those who
    have the danger brought home to them by
    detention on a charge; and (2) those who are
    yet free. In the former category are also those
    persons who surrender to the custody by
    words or action. The protection given to these
    two classes is different. In the case of persons
    belonging to the first category the law has
    ruled that their statements are not admissible,
    and in the case of the second category, only
    that portion, of the statement is admissible as
    is guaranteed by the discovery of a relevant
    fact unknown before the statement to the
    investigating authority. That statement may
    even be confessional in nature, as when the
    person in custody says: “I pushed him down
    such and such mineshaft”, and the body of the
    victim is found as a result, and it can be
    proved that his death was due to injuries
    received by a fall down the mineshaft.”

    [Emphasis supplied]

    66. The scope and ambit of Section 27 of the Evidence
    Act were illuminatingly stated in Pulukuri Kottaya and
    Others v. Emperor
    , AIR 1947 PC 67, which have become
    locus classicus, in the following words:

    “10. ….It is fallacious to treat the “fact
    discovered” within the section as equivalent to
    the object produced; the fact discovered
    embraces the place from which the object is
    produced and the knowledge of the accused as
    to this, and the information given must relate
    distinctly to this fact. Information as to past
    user, or the past history, of the object produced
    is not related to its discovery in the setting in
    which it is discovered. Information supplied
    by a person in custody that “I will produce a
    knife concealed in the roof of my house” does
    not lead to the discovery of a knife; knives
    were discovered many years ago. It leads to
    the discovery of the fact that a knife is
    concealed in the house of the informant to his
    knowledge, and if the knife is proved to have
    been used in the commission of the offence,

    FIR No. 717/20. State Vs. Neetu.

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    the fact discovered is very relevant. But if to
    the statement the words be added “with which
    I stabbed A” these words are inadmissible
    since they do not relate to the discovery of the
    knife in the house of the informant.”

    67. What emerges from the evidence in the form of
    panchnama is that the appellant stated before the panch
    witnesses to the effect that “I will show you the weapon
    used in the commission of offence”. This is the exact
    statement which we could read from the discovery
    panchnama and the Investigating Officer also could not
    have deposed as regards the exact statement other than
    what has been recorded in the panchnama. This statement
    does not suggest that the appellant indicated anything
    about his involvement in concealment of the weapon.
    Mere discovery cannot be interpreted as sufficient to infer
    authorship of concealment by the person who discovered
    the weapon. He could have derived knowledge of the
    existence of that weapon at the place through some other
    source. He may have even seen somebody concealing the
    weapon, and, therefore, it cannot be presumed or inferred
    that because a person discovered weapon, he was the
    person who concealed it, least it can be presumed that he
    used it. Therefore, even if discovery by the appellant is
    accepted, what emerges from the panchnama of the
    discovery of weapon and the evidence in this regard is that
    he disclosed that he would show the weapon used in the
    commission of offence. In the same manner we have also
    perused the panchnama Exh.32 wherein the statement said
    to have been made by the accused before the panchas in
    exact words is “the accused resident of Roghada village
    on his own free will informs to take out cash and other
    valuables”.

    68. What emerges from the evidence of the investigating
    officer is that the accused appellant stated before him
    while he was in custody, “I may get discovered the murder
    weapon used in the incident”. This statement does not
    indicate or suggest that the accused appellant indicated
    anything about his involvement in the concealment of the
    weapon. It is a vague statement. Mere discovery cannot be
    interpreted as sufficient to infer authorship of concealment
    by the person who discovered the weapon. He could have
    derived knowledge of the existence of that weapon at the
    place through some other source also. He might have even
    seen somebody concealing the weapon, and, therefore, it
    cannot be presumed or inferred that because a person
    discovered the weapon, he was the person who had
    concealed it, least it can be presumed that he used it.

    FIR No. 717/20. State Vs. Neetu.

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    Therefore, even if discovery by the appellant is accepted,
    what emerges from the substantive evidence as regards the
    discovery of weapon is that the appellant disclosed that he
    would show the weapon used in the commission of
    offence.

    69. In Dudh Nath Pandey v. State of U. P., AIR (1981)
    SC 911, this Court observed that the evidence of discovery
    of pistol at the instance of the appellant cannot, by itself,
    prove that he who pointed out the weapon wielded it in the
    offence. The statement accompanying the discovery was
    found to be vague to identify the authorship of
    concealment and it was held that pointing out of the
    weapon may, at the best, prove the appellant’s knowledge
    as to where the weapon was kept.

    70. Thus, in the absence of exact words, attributed to an
    accused person, as statement made by him being deposed
    by the investigating officer in his evidence, and also
    without proving the contents of the panchnama (Exh.5),
    the trial court as well as the High Court was not justified
    in placing reliance upon the circumstance of discovery of
    weapon.

    71. If it is the case of the prosecution that the PW−2,
    Chhatarpal Raidas, s/o Rameshwar Raidas had acted as
    one of the panch witnesses to the drawing of the discovery
    panchnama, then why the PW−2, Chhatarpal Raidas in his
    oral evidence has not said a word about he having acted as
    a panch witness and the discovery of the weapon of the
    offence and blood stained clothes being made in his
    presence. The fact that he is absolutely silent in his oral
    evidence on the aforesaid itself casts a doubt on the very
    credibility of the two police witnesses i.e. PW−6 and
    PW−7 respectively.

    72. In the aforesaid context, we may also refer to a
    decision of this Court in the case of Bodhraj alias Bodha
    and Others v. State of Jammu and Kashmir
    reported in
    (2002) 8 SCC 45, as under:

    “18. …..It would appear that under Section
    27
    as it stands in order to render the evidence
    leading to discovery of any fact admissible,
    the information must come from any accused
    in custody of the police. The requirement of
    police custody is productive of extremely
    anomalous results and may lead to the
    exclusion of much valuable evidence in cases
    where a person, who is subsequently taken
    into custody and becomes an accused, after

    FIR No. 717/20. State Vs. Neetu.

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    committing a crime meets a police officer or
    voluntarily goes to him or to the police station
    and states the circumstances of the crime
    which lead to the discovery of the dead body,
    weapon or any other material fact, in
    consequence of the information thus received
    from him. This information which is otherwise
    admissible becomes inadmissible under
    Section 27 if the information did not come
    from a person in the custody of a police officer
    or did come from a person not in the custody
    of a police officer. The statement which is
    admissible under Section 27 is the one which
    is the information leading to discovery. Thus,
    what is admissible being the information, the
    same has to be proved and not the opinion
    formed on it by the police officer. In other
    words, the exact information given by the
    accused while in custody which led to
    recovery of the articles has to be proved. It is,
    therefore, necessary for the benefit of both the
    accused and the prosecution that information
    given should be recorded and proved and if
    not so recorded, the exact information must be
    adduced through evidence. The basic idea
    embedded in Section 27 of the Evidence Act is
    the doctrine of confirmation by subsequent
    events. The doctrine is founded on the
    principle that if any fact is discovered as a
    search made on the strength of any
    information obtained from a prisoner, such a
    discovery is a guarantee that the information
    supplied by the prisoner is true. The
    information might be confessional or
    non−inculpatory in nature but if it results in
    discovery of a fact, it becomes a reliable
    information. It is now well settled that
    recovery of an object is not discovery of fact
    envisaged in the section. Decision of the Privy
    Council in Pulukuri Kottaya v. Emperor [AIR
    1947 PC 67 : 48 Cri LJ 533 : 74 IA 65] is the
    most−quoted authority for supporting the
    interpretation that the “fact discovered”

    envisaged in the section embraces the place
    from which the object was produced, the
    knowledge of the accused as to it, but the
    information given must relate distinctly to that
    effect. (See State of Maharashtra v. Damu
    Gopinath Shinde [(2000) 6 SCC 269 : 2000
    SCC (Cri) 1088 : 2000 Cri LJ 2301] .) No

    FIR No. 717/20. State Vs. Neetu.

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    doubt, the information permitted to be
    admitted in evidence is confined to that
    portion of the information which “distinctly
    relates to the fact thereby discovered”. But the
    information to get admissibility need not be so
    truncated as to make it insensible or
    incomprehensible. The extent of information
    admitted should be consistent with
    understandability. Mere statement that the
    accused led the police and the witnesses to the
    place where he had concealed the articles is
    not indicative of the information given.”

    [Emphasis supplied]

    73. Mr. Upadhyay, the learned counsel for the State
    would submit that even while discarding the evidence in
    the form of discovery panchnama the conduct of the
    appellant herein would be relevant under Section 8 of the
    Evidence Act. The evidence of discovery would be
    admissible as conduct under Section 8 of the Evidence Act
    quite apart from the admissibility of the disclosure
    statement under Section 27 of the said Act, as this Court
    observed in A.N. Venkatesh vs. State of Karnataka, (2005)
    7 SCC 714:

    “9. By virtue of Section 8 of the Evidence
    Act, the conduct of the accused person is
    relevant, if such conduct influences or is
    influenced by any fact in issue or relevant fact.
    The evidence of the circumstance, simpliciter,
    that the accused pointed out to the police
    officer, the place where the dead body of the
    kidnapped boy was found and on their
    pointing out the body was exhumed, would be
    admissible as conduct under Section 8
    irrespective of the fact whether the statement
    made by the accused contemporaneously with
    or antecedent to such conduct falls within the
    purview of Section 27 or not as held by this
    Court in Prakash Chand v. State (Delhi
    Admn
    .) [(1979) 3 SCC 90 : 1979 SCC (Cri)
    656 : AIR 1979 SC 400] . Even if we hold that
    the disclosure statement made by the
    accused−appellants (Exts. P−15 and P−16) is
    not admissible under Section 27 of the
    Evidence Act, still it is relevant under Section

    8…..”

    [Emphasis supplied]

    74. In the aforesaid context, we would like to sound a
    note of caution. Although the conduct of an accused may

    FIR No. 717/20. State Vs. Neetu.

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    be a relevant fact under Section 8 of the Evidence Act, yet
    the same, by itself, cannot be a ground to convict him or
    hold him guilty and that too, for a serious offence like
    murder. Like any other piece of evidence, the conduct of
    an accused is also one of the circumstances which the
    court may take into consideration along with the other
    evidence on record, direct or indirect. What we are trying
    to convey is that the conduct of the accused alone, though
    may be relevant under Section 8 of the Evidence Act,
    cannot form the basis of conviction.

    75. Thus, in view of the aforesaid discussion, we have
    reached to the conclusion that the evidence of discovery of
    the weapon and the blood stained clothes at the instance of
    the accused appellant can hardly be treated as legal
    evidence, more particularly, considering the various legal
    infirmities in the same.”

    64. In this case, the dead body and the weapon of offence were
    already recovered and thereafter, the disclosure statement of
    the accused was recorded, which means that the weapon of
    offence was not recovered as a fact discovered after
    recording of the disclosure statement and, therefore, the
    disclosure statement is inadmissible in evidence in its
    entirety.

    65. The present case is based on circumstantial evidence and,
    therefore, it becomes pertinent to evaluate the incriminating
    circumstances highlighted by the prosecution. The
    incriminating circumstances are: –

    (A) Last seen together theory.

    (B) Motive.

    (C) Disclosure statement of accused Neetu.
    (D) Scientific evidence.

    66. Now, this Court shall evaluate the aforesaid incriminating
    evidence one by one.

    (A) Last seen together theory.

    FIR No. 717/20. State Vs. Neetu.

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    67. As per the case of prosecution, the deceased was last seen in
    the company of accused Neetu and for that purpose,
    prosecution has relied upon the testimony of PW2
    Mahender and PW18 Renu. However, both the witnesses
    i.e. PW2 Mahender and PW18 Renu have not supported the
    case of prosecution. PW2 Mahender had denied that the
    deceased had abused the accused after consuming liquor and
    a fight broke between them due to the said reason. In his
    cross examination, he has stated that he is not aware about
    any quarrel or fight between the accused and the deceased
    and as per him both the accused and the deceased were
    having cordial relations. Similarly, PW18 Renu in her
    testimony has stated that no quarrel has been taken place
    between the accused and the deceased. The abovesaid
    testimonies by PW2 Mahender and PW18 Renu disproves
    the case of prosecution. Thus, the last seen theory
    propounded by the prosecution stands failed on account of
    the testimonies of PW2 Mahender and PW18 Renu.
    Moreover, the FSL report Ex.PX-1 (colly) with respect to
    the viscera of deceased Bhupender does not support the case
    of the prosecution as ethyl alcohol was not detected. Thus,
    the story of the prosecution fails even on the account of
    deceased Bhupender being intoxicated.

    (B) Motive.

    68. Motive is relevant u/s 8 of Indian Evidence Act. Motive is a
    force that moves a man to do a particular work. Generally
    there can be no action without any motive. Under Section 8
    of Evidence Act, several factors including preparation,

    FIR No. 717/20. State Vs. Neetu.

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    previous threat, previous altercation, previous litigation
    between the accused and the victim becomes relevant. The
    motive for the commission of offence is of vital importance
    in a criminal trial and in cases based on circumstantial
    evidence motive itself will be a circumstance which the
    Court has to consider deeply. The existence of motive which
    operates in the mind of perpetrator may not be known to
    others and hence it has to be inferred from the facts and
    circumstances of this case. The Hon’ble Supreme Court of
    India in judgment titled as “Sheo Shankar Singh Vs. State
    of Jharkhand & Another
    “, (2011) 3 SCC 654, observed as
    under: –

    “15. The legal position regarding proof of motive as an
    essential requirement for bringing home the guilt of
    accused is fairly well settle by a long line of decision of
    this Court. These decisions have made a clear distinction
    between cases where the prosecution relies upon the
    circumstantial evidence on one hand and those were relies
    upon the testimonies of the eye witnesses on the other. In
    the former category of cases proof of motive is given the
    importance it deserves, for proof of motive itself
    constitutes a link in the chain of circumstances upon
    which the prosecution may rely. Proof of motive,
    however, recedes into background in cases where the
    prosecution relies upon and eye witness account of the
    occurrence. That is because if the Court upon a proper
    appraisal of the deposition of the eye witnesses comes to
    the conclusion that the version given by them is credible,
    absence of evidence to prove the motive is rendered
    inconsequential. Conversely, even if the prosecution
    succeeds in establishing a strong motive for the
    commission of the offence, but the evidence of the eye
    witnesses is found unreliable or unworthy of credit,
    existence of motive does not by itself provide a safe
    basis for convicting the accused. That does not, however,
    mean that proof of motive even in a case which rests on an
    eye witness account does not lend strength to the
    prosecution case or fortify the Court in its ultimate
    conclusion proof of motive in such a situation certainly
    helps the prosecution and supports the eye witnesses.”

    FIR No. 717/20. State Vs. Neetu.

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    69. Similarly, Hon’ble Supreme Court of India in judgment
    titled as “Chunni Lal Vs. State of Uttar Pradesh“, (2010)
    SCC 496, observed as under: –

    “12. This in our estimation is the reason and motive for
    the crime and not the one which was advanced by the
    Counsel appearing for the appellant, or by the time the
    incident had taken place, the deceased had legalized his
    relationship and married the said Chandrakaliya thereby
    giving legal status to PW-1 and PW-2 as his sons. In that
    situation, there was no possibility at all of the appellant
    inheriting the property of his uncle and therefore the plea
    taken by the appellant regarding motive appears to be
    without merit. Rather on the other hand, we find clear
    motive on the part of appellant/accused committing the
    murder of his uncle”.

    70. As per the case of prosecution, the accused Neetu had hit
    the deceased Bhupender because deceased Bhupender after
    intoxication had abused accused Neetu and in a fit of anger,
    accused Neetu had hit deceased Bhupender with iron rod.
    The prosecution is unable to establish the motive as PW2
    Mahender and PW18 Renu have not supported the case of
    the prosecution. PW2 Mahender had deposed as under: –

    “I am not aware as to whether there was any quarrel or
    fight happened between Neetu and Bhupender. In my
    knowledge, both were having cordial relations.”

    71. Similarly, PW18 Renu had turned hostile and had stated that
    “No quarrel had taken place in my presence between the
    accused and the deceased”.

    72. Therefore, it remains unclear if at all any fight had taken
    place between the deceased Bhupender and the accused
    Neetu. There is nothing on record to presume that the
    deceased Bhupender was drunk and had abused accused

    FIR No. 717/20. State Vs. Neetu.

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    Neetu and thereafter, accused Neetu had attacked deceased
    Bhupender. Thus, the prosecution has measurably has failed
    to prove motive for commission of offence by accused
    Neetu.

    (C) Disclosure statement of accused Neetu.

    73. Recovery of weapon of offence and other incriminating
    material at instance of accused person on the basis of
    disclosure statements made by accused person is an
    important circumstantial evidence. Section 27 of Indian
    Evidence Act is an exception to Section 25 and Section 26
    of the said act. Section 27 is based on the doctrine of
    confirmation by subsequent events. The principle u/s 27 of
    Indian Evidence Act is based on the principle that if any fact
    is discovered on the basis of disclosure statement of
    accused, the discovery of said fact is a guarantee that the
    information given by the accused in his disclosure statement
    is true. Such information may be confessional or non-
    inculpating in nature but if any new fact is discovered from
    such information it will be considered as a reliable
    information. The fact discovered on the basis of disclosure
    of statement of accused must be relevant facts. Such
    information must be given by the person who is accused of
    an offence and the recovery of article or discovery of fact
    must be based upon the information given by such accused.
    The Hon’ble Supreme Court of India in Judgment titled as
    Pawan Kumar @ Monu Mittal Vs. State of UP &
    Another
    “, (2015) 7 SCC 148, has held that: –

    “the facts discovered u/s 27 of Indian Evidence Act
    embraces the place from which object was produced and

    FIR No. 717/20. State Vs. Neetu.

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    knowledge of the accused as to it and if the accused are
    denying their role without proper explanation as to
    the knowledge about the incriminating material
    recovered on the basis of their statements in police
    custody, would justify the presumption drawn by the
    Courts below as to the involvement of the accused in the
    Crime”.

    74. It is a settled principle of law that a confessional statement
    made to a police officer is not admissible in evidence and
    only the discovery led by such statement is admissible. This
    was held by the Hon’ble Supreme Court of India in
    Aghnoo Naghesia Vs. State of Bihar“, AIR 1966 SC 119,
    wherein it was held as under: –

    “A little reflection will show that the expression
    “confession” in ss. 24 to 30 refers to the confessional
    statement as a whole including not only the admissions of
    the offence but also all other admissions of incriminating
    facts related to the offence. Section 27 partially lifts the
    ban imposed by ss. 24. 25 and 26 in respect of so much of
    the information whether it amounts to a confession or not,
    as relates distinctly to the fact discovered in consequence
    of the information, if the other conditions of the section
    are satisfied. Section 27 distinctly contemplates that an
    information leading to a discovery may be a part of the
    confession of the accused and thus, fall within the purview
    of ss. 24, 25 and 26 Section 27 thus shows that a
    confessional statement admitting the offence may contain
    additional information as part of the confession. Again, s.
    30 permits the Court to take into consideration against a
    co-accused a confession of another accused affecting not
    only himself but the other co-accused. Section 30 thus
    shows that matters affecting other persons may from part
    of the confession.

    If the first information report is given by the accused
    to a police officer and amounts to a confessional
    statement, proof of the confession is prohibited by s. 25.
    The confession includes not only the admission of the
    offence but all other admissions of incriminating facts
    related to the offence contained in the confessional
    statement. No part of the confessional statement is
    receivable in evidence except to the extent that the ban of

    FIR No. 717/20. State Vs. Neetu.

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                 s. 25 is lifted by.."
    
    
    

    75. It will be useful to advert to the exposition in the case of
    Vasanta Sampat Dupare Vs. State of Maharashtra“, (2015)
    1 SCC 253, in particular, paragraphs 23 to 29 thereof. The
    same read thus: –

    “23. While accepting or rejecting the factors of
    discovery, certain principles are to be kept in mind. The
    Privy Council in Pulukuri Kotayya v. King Emperor, AIR
    1947 PC 67 has held thus: (IA p. 77)
    “… it is fallacious to treat the ‘fact discovered’
    within the section as equivalent to the object
    produced; the fact discovered embraces the
    place from which the object is produced and
    the knowledge of the accused as to this, and
    the information given must relate distinctly to
    this fact. Information as to past user, or the
    past history, of the object produced is not
    related to its discovery in the setting in which
    it is discovered. Information supplied by a
    person in custody that ‘I will produce a knife
    concealed in the roof of my house’ does not
    lead to the discovery of a knife; knives were
    discovered many years ago. It leads to the
    discovery of the fact that a knife is concealed
    in the house of the informant to his
    knowledge, and if the knife is proved to have
    been used in the commission of the offence,
    the fact discovered is very relevant. But if to
    the statement the words be added ‘with which
    I stabbed A’, these words are inadmissible
    since they do not relate to the discovery of the
    knife in the house of the informant.”

    76. In “Mohd. Inayatullah Vs. State of Maharashtra“, (1976) 1
    SCC 828; (1976) 1 SCR 715, while dealing with the ambit
    and scope of Section 27 of the Evidence Act, the Court held
    that: (SCC pp. 831-32, paras 11-13)

    “11. Although the interpretation and scope of Section 27

    FIR No. 717/20. State Vs. Neetu.

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    has been the subject of several authoritative
    pronouncements, its application to concrete cases
    is not always free from difficulty. It will therefore be
    worthwhile at the outset, to have a short and swift
    glance at the section and be reminded of its requirements.
    The section says:

    ’27. How much of information received from
    accused may be proved.–Provided that, when
    any fact is deposed to as discovered in
    consequence of information received from a
    person accused of any offence, in the custody
    of a police officer, so much of such
    information, whether it amounts to a
    confession or not, as relates distinctly to the
    fact thereby discovered, may be proved.’

    12. The expression ‘provided that’ together with the
    phrase ‘whether it amounts to a confession or not’ show
    that the section is in the nature of an exception to the
    preceding provisions particularly Sections 25 and 26. It is
    not necessary in this case to consider if this section
    qualifies, to any extent, Section 24, also. It will be seen
    that the first condition necessary for bringing this section
    into operation is the discovery of a fact, albeit a relevant
    fact, in consequence of the information received from a
    person accused of an offence. The second is that the
    discovery of such fact must be deposed to. The third is
    that at the time of the receipt of the information the
    accused must be in police custody. The last but the most
    important condition is that only ‘so much of the
    information’ as relates distinctly to the fact thereby
    discovered is admissible. The rest of the information has
    to be excluded. The word ‘distinctly’ means ‘directly’,
    ‘indubitably’, ‘strictly’, ‘unmistakably’. The word has
    been advisedly used to limit and define the scope of the
    provable information. The phrase ‘distinctly relates to the
    fact thereby discovered’ is the linchpin of the provision.
    This phrase refers to that part of the information supplied
    by the accused which is the direct and immediate cause of
    the discovery. The reason behind this partial lifting of the
    ban against confessions and statements made to the police,
    is that if a fact is actually discovered in consequence of
    information given by the accused, it affords some
    guarantee of truth of that part, and that part only, of the
    information which was the clear, immediate and
    proximate cause of the discovery. No such guarantee or
    assurance attaches to the rest of the statement which may
    be indirectly or remotely related to the fact discovered.

    FIR No. 717/20. State Vs. Neetu.

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    13. At one time it was held that the expression ‘fact
    discovered’ in the section is restricted to a physical or
    material fact which can be perceived by the senses, and
    that it does not include a mental fact (see Sukhan v.
    Emperor, AIR 1929 Lah 344; Ganu Chandra Kashid v.
    Emperor
    , AIR 1932 Bom 286).
    Now it is fairly settled that
    the expression ‘fact discovered’ includes not only the
    physical object produced, but also the place from which it
    is produced and the knowledge of the accused as to this
    (see Pulukuri Kotayya v. King Emperor; Udai Bhan v.
    State of U.P.
    , AIR 1962 SC 1116; (1962) 2 Cri LJ 251;
    1962 Supp (2) SCR 830).” (emphasis in original)

    77. In “Aftab Ahmad Anasari Vs. State of Uttaranchal“, (2010)
    2 SCC 583, after referring to the decision in Pulukuri
    Kotayya, the Court adverted to seizure of clothes of the
    deceased which were concealed by the accused.
    In that
    context, the Court opined that (Aftab Ahmad Anasari case,
    SCC p. 596, para 40)

    “40. … the part of the disclosure statement, namely, that
    the appellant was ready to show the place where he had
    concealed the clothes of the deceased is clearly admissible
    under Section 27 of the Evidence Act because the same
    relates distinctly to the discovery of the clothes of the
    deceased from that very place. The contention that even if
    it is assumed for the sake of argument that the clothes of
    the deceased were recovered from the house of the sister
    of the appellant pursuant to the voluntary disclosure
    statement made by the appellant, the prosecution has
    failed to prove that the clothes so recovered belonged to
    the deceased and therefore, the recovery of the clothes
    should not be treated as an incriminating circumstance, is
    devoid of merits.”

    78. In “State of Maharashtra Vs. Damu“, (2000) 6 SCC 269, it
    has been held as follows: (SCC p.283, para 35)

    “35. … It is now well settled that recovery of an object is
    not discovery of a fact as envisaged in [Section 27 of the

    FIR No. 717/20. State Vs. Neetu.

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    Evidence Act, 1872]. The decision of the Privy Council in
    Pulukuri Kotayya v. King Emperor is the most quoted
    authority for supporting the interpretation that the ‘fact
    discovered’ envisaged in the section embraces the place
    from which the object was produced, the knowledge of the
    accused as to it, but the information given must relate
    distinctly to that effect.”

    79. The place of recovery is a public place but it is a vacant
    plot. The law that deals with recovery of evidence from
    open place dealt by the Hon’ble High Court of Delhi in
    “Dinesh Kumar Mathur Vs. State”, Crl. A. No. 696/2012″,
    as under:-

    “31. The second limb of the argument of Ms.Dubey is
    that the recovery was from an open area visible to the
    naked eye and hence, outside the contours of Section
    27
    of the Evidence Act. In this regard, we may usefully
    refer to the judgment of the Apex Court in State of H.P. v.
    Jeet Singh
    , (1999) 4 SCC 370 wherein recovery was
    effected from tobacco bushes, heap of rubbish situated in
    the compound of the residence of the accused and his
    cowshed and the High Court had repelled the
    circumstance inter alia as recoveries made were “open and
    accessible to others”; this was reversed by the Supreme
    Court observing as under: –

    “26. There is nothing in Section 27 of the
    Evidence Act which renders the statement of
    the accused inadmissible if recovery of the
    articles was made from any place which is
    “open or accessible to others”. It is a fallacious
    notion that when recovery of any
    incriminating article was made from a place
    which is open or accessible to others, it would
    vitiate the evidence under Section 27 of the
    Evidence Act. Any object can be concealed in
    places which are open or accessible to others.
    For example, if the article is buried in the
    main roadside or if it is concealed beneath dry
    leaves lying on public places or kept hidden in
    a public office, the article would remain out of
    the visibility of others in normal
    circumstances. Until such article is disinterred,
    its hidden state would remain unhampered.

    FIR No. 717/20. State Vs. Neetu.

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    The person who hid it alone knows where it is
    until he discloses that fact to any other person.
    Hence, the crucial question is not whether the
    place was accessible to others or not but
    whether it was ordinarily visible to others. If it
    is not, then it is immaterial that the concealed
    place is accessible to others.”

    (Emphasis Supplied) [See also Titu v. State,
    ILR (2007) 1 Del 990 (paragraphs 28 and 29)]

    60.4.5 Similarly, the Supreme Court in State of
    Maharashtra v. Bharat Fakira Dhiwar
    , (2002) 1 SCC 622
    found the recovery of a blood stained grinding stone from
    tall grass from a place very close to the house of the
    accused/respondent not to be from an open place as
    “[u]ntil they were disinterred, at instance of Respondent,
    their hidden state had remained unhampered.”

    In Ibrahim Musa Chauhan @ Baba Chauhan v. State of
    Maharashtra
    , 2013 (3) SCALE 207 the Supreme Court
    found the recovery of a plastic bag containing hand
    grenades from a heap in which lay broken tiles was not
    from an open place. The relevant portion reads as under: –

    “133. Undoubtedly, the appellant’s disclosure
    statement had been made before the police, as
    well as the panch witness. The fact that he did
    not disclose the place where the contraband
    had been hidden remains entirely insignificant,
    for the reason that he had led the police party
    to the said place, and that the said recovery
    had been made at his behest. The open space
    from where the recovery had been made
    though was accessible to anybody, it must be
    remembered that the contraband had been
    hidden, and that it was only after digging was
    done at the place shown by the appellant, that
    such recovery was made. Hence, it would have
    been impossible for a normal person having
    access to the said place, to know where the
    contraband goods were hidden.”

    (Emphasis Supplied)

    In a recent judgment, a coordinate bench of this Court, of
    which one of us (G.S. Sistani, J.) was a member, in Jite v.
    State, MANU/DE/ 1791/2017 had repelled the submission
    that the recovery of the weapon of offence, i.e. dagger,
    was doubtful as being recovered from a park allowing
    access to the public in general, by finding that as the
    dagger was concealed in a heap of construction material
    and the same was recovered on the very next day, it could

    FIR No. 717/20. State Vs. Neetu.

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    not be said to have been effectuated in an open and
    accessible place.

    Coming to the case at hand, we find the recovery of the
    blade of the darati to be reliable. The Investigation Officer
    (PW-27) stated that the kabristan remains closed and not
    in use and hence, it cannot be said that the area was open
    or accessible. Be that as it may, all the three witnesses to
    the recovery (PW-10, 21 and 27) have testified that the
    recovery was effected from a polythene bag concealed
    amongst the roots of a bargad (banyan) tree and only part
    of the polythene was visible from outside. In such
    circumstances, the recovery cannot be said to be from an
    open area visible to the naked eye. As long as the
    polythene remained disinterred, its hidden state continued
    and its recovery remains inside the purview of Section 27
    of the Evidence Act.”

    80. The similar principle has been laid down inState of
    Maharashtra Vs. Suresh
    “, (2000) 1 SCC 471, “State of
    Punjab Vs. Asar Mohammad & Others”, (2019) 12 SCC
    253, “Aftab Ahmad Anasari Vs. State of Uttaranchal
    “,
    (2010) 2 SCC 583, “Bhagwan Dass Vs. State (NCT of
    Delhi
    )”, (2011) 6 SCC 396, “Manu Sharma Vs. State (NCT
    of Delhi
    )”, (2010) 6 SCC 1, and “Rumi Bora Dutta Vs.
    State of Assam
    “, (2013) 7 SCC 417.

    81. This Court has already discussed in above paragraphs that
    the disclosure statement of the accused Neetu is entirely
    inadmissible in evidence and cannot be relied upon. There
    are contradictions in recovery of weapon of offence i.e. iron
    rod. In the disclosure statement of accused Neetu, it is
    mentioned that iron rod can be recovered by him when the
    iron rod was already recovered as is evident from
    Ex.PW8/B. The iron rod was never recovered in pursuance
    of disclosure statement but in fact have been recovered
    much before the registration of FIR, which casts doubt as to

    FIR No. 717/20. State Vs. Neetu.

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    the veracity of recovery proceedings as per the mandate of
    Ramanand (supra). Accordingly, the disclosure statement
    cannot be relied upon.

    (D) Scientific evidence.

    82. As per Ex.PX-1 i.e. FSL result of biological examination,
    Ex.12 i.e. blood stained gauze cloth piece of deceased was
    found to be similar with the DNA profile generated from
    source Ex.7 i.e. iron pipe, Ex.8a i.e. t-shirt of accused,
    Ex.8b i.e. pants/jeans of accused and Ex.10 and Ex.11 i.e.
    nail clippings of deceased.

    83. In the instant case, the scientific evidence i.e. Ex.PX-1
    points towards the guilt of the accused Neetu, however, the
    same cannot be relied upon for the reason that the iron pipe
    was recovered before recording the disclosure statement of
    accused Neetu and whether the same was recovered at the
    instance of Neetu or not is itself disputed. There was no
    public witness at the time the said recovery was made.
    Accordingly, the recovery done by the police officials is not
    as per the mandate of law as discussed in Ramanand (supra).

    84. Similarly, it cannot be said with certainty that the blood
    allegedly found on the clothes of the accused was planted or
    was present because of the commission of offence by
    accused Neetu. PW2 Mahender during his cross
    examination has deposed as under: –

    “Police came to my house with accused Neetu at about
    8.30 am. At that time, Neetu was sitting in police van and
    he was handcuff. Police told me that a murder has taken
    place in your house as told by Neetu to them as such they
    came to make inquiry from me. … … … As far as I
    remember, Neetu was wearing a jeans on that day. After
    recovery of dead body, me and Neetu were again taken to

    FIR No. 717/20. State Vs. Neetu.

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    PS. I did not notice any blood stains in premises 23/23. I
    did not notice any blood on the clothes of Neetu.”

    85. This clearly means that no blood was found present on the
    clothes of accused Neetu at the time the police was making
    the investigation. PW19 Dr. Uttam Kondle in his cross
    examination has categorically stated that “All observations
    with respect to clothes of patient Neetu are stated in MLC
    Ex.PW19/A. It is correct that the MLC does not states that
    there was blood on the clothes of the accused”. This again
    raises a doubt on the version of prosecution that the blood
    stains were present on the clothes of the accused. In this
    background, the scientific evidence becomes less reliable
    and conviction cannot be based upon the same.

    86. Applying the law laid down by the Hon’ble Supreme Court
    of India in Sharad Birdichand Sarda (supra), this Court is of
    considered opinion that prosecution has failed to prove the
    circumstances from which the guilt of accused can be
    established. The fact established by the prosecution are not
    consistent with the hypotheses of the guilt of accused and
    the circumstances are not conclusive in nature. The chain of
    circumstances proved by the prosecution is not complete to
    prove that in all probabilities the alleged offences have been
    committed only by the accused and none else.

    87. It is established principle of law that if two views are
    possible, the view favourable to the accused must be
    accepted. The benefit of doubt must always go to the
    accused as the prosecution has to prove the case beyond
    reasonable doubt.

    FIR No. 717/20. State Vs. Neetu.

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    88. The Hon’ble Apex Court in “Rang Bahadur Singh Vs. State
    of UP
    “, AIR 2000 SC 1209, has held as follows: –

    “The timetested rule in that acquittal of a guilty person
    should be preferred to conviction of an innocent person.
    Unless the prosecution establishes the guilt of the accused
    beyond reasonable doubt a conviction cannot be passed on
    the accused. A criminal court cannot afford to deprive lib-
    erty of the appellants, lifelong liberty, without having at
    least a reasonable level of certainty that the appellants
    were the real culprits.”

    89. In yet another decision in “State of UP Vs. Ram Veer Singh
    & Another
    “, 2007 (6) Supreme 164, the Hon’ble Apex Court
    has held as follows: –

    “The golden thread which runs through the web of admin-
    istration of justice in criminal cases is that if two view are
    possible on the evidence adduced in the case, one pointing
    to the guilt of the accused and the other to his innocence,
    the view which is favourable to the accused should be
    adopted. The paramount consideration of the Court is to
    ensure that miscarriage of justice is prevented. A miscar-
    riage of justice which may arise from acquittal of the
    guilty is no less than from the conviction of an innocent.
    In a case where admissible evidence is ignored, a duty is
    cast upon the appellate Court to reappreciate the evidence
    where the accused has been acquitted, for the purpose of
    ascertaining as to whether any of the accused really com-
    mitted any offence or not.”

    90. The burden of proof in a criminal trial never shifts and it is
    always the burden of prosecution to prove its case beyond
    reasonable doubt on the basis of acceptable evidence
    produced before Court. Crime is an event in real life and is
    the product of interplay of different human emotions. In
    arriving at the conclusion about the guilt of accused,
    charged with the commission of a crime, a criminal Court
    has to ensure that facts constituting such crime are proved

    FIR No. 717/20. State Vs. Neetu.

    PS Chhawla.                                                       Page No. 54 of 56.
    
                            SHIVALI             Digitally signed by
                                                SHIVALI BANSAL
    
                            BANSAL              Date: 2026.04.13
                                                13:14:08 +0530
    

    beyond the scope of any reasonable doubt. Every case in the
    final analysis would have to depend upon its own facts and
    merits. Definite doubts or lacunae in the case of the
    prosecution may result in benefit of doubt being given to the
    accused and consequential acquittal.

    91. As far as the present case is concerned, as already noted the
    same is based on circumstantial evidence and it is settled
    principle of law that in a case which is hinged upon
    circumstantial evidence complete chain of circumstances
    has to be spelt out by the prosecution and even if one link in
    the chain is either missing or broken, the accused must get
    the benefit thereof. In the considered opinion of this Court,
    none of the circumstances relied by the prosecution have
    been proved beyond the standard of reasonable doubt and
    thus the accused who has faced trial is entitled for benefit
    thereof.

    CONCLUSION

    92. In the light of above discussions, it is held that prosecution
    has miserably failed to prove the circumstances that would
    lead to the only hypothesis of the guilt of the accused Neetu.

    93. It is, therefore, held that prosecution has failed to establish
    charge against accused. Accordingly, accused Neetu stands
    acquitted in this case. His personal bond, if any, is canceled
    and surety, if any, is discharged. Documents, if any, be
    returned to the surety. Case property, if any, be released to
    rightful owners. Accused is directed to furnish bonds in
    terms of Section 437-A CrPC/481 BNSS in the sum of
    Rs.10,000/- within one week from today.

    FIR No. 717/20. State Vs. Neetu.

    PS Chhawla.                                                 Page No. 55 of 56.
    
                         SHIVALI          Digitally signed by
                                          SHIVALI BANSAL
    
                         BANSAL           Date: 2026.04.13
                                          13:14:10 +0530
    

    94. File be consigned to record room after due compliance.

    (SHIVALI BANSAL)
    Announced in the open ASJ-02, DWARKA COURTS,
    Court on 13.04.2025. S-W DISTRICT, NEW DELHI

    FIR No. 717/20. State Vs. Neetu.

    PS Chhawla.                                              Page No. 56 of 56.
    
                       SHIVALI         Digitally signed by
                                       SHIVALI BANSAL
    
                       BANSAL          Date: 2026.04.13
                                       13:14:07 +0530
     



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