IN THE COURT OF SHIVAJI ANAND, ASJ,

ROHINI COURT, OUTER NORTH,

Delhi,

IN THE MATTER OF:

STATE ….PETITIONER
VERSUS

ABHIMANYU@MANNU ETC(2) …RESPONDENTS

F.I.R: 468/20
U/S: 302, 34 IPC
P.S: NARELA
N.D.O.H: 13.07.2022

Sections Involved:

Section 302, Indian Penal Code, 1860 - Punishment for murder.—Whoever commits
murder shall be punished with death, or [imprisonment for life], and shall also be
liable to fine.

Section 34, Indian Penal Code, 1860 -  Acts done by several persons in furtherance of
common intention.- When a criminal act is done by several persons in furtherance of
the common intention of all, each of such persons is liable for that act in the same
manner as if it were done by him alone.

Important Date:

Date of Crime: 27.10.2020;

Date of arrest: 29.10.2020; Time: 02:25 a.m

Synopsis and list of Dates and Events:

Synopsis:

ASI Dilip kumar on getting DD No.110 with PSI Lokender No. D-6782 reached to
place of incident Room No. Pkt- 13 Shrike Company Mata Mansa devi road, Narela,
Delhi. Where inside the room on the floor there was a blanket with blood stains on it,
After inquiry at the place of incident it came to knowledge that the injured has been
taken to Jaipur Golden Hospital by the company’s men, no eye witness was found,
Crime Team were called at the place of incident for investigating and taking
photograph. ASI Dilip kumar reached to Jaipur Golden Hospital were at MLC No.
15608/20 Nand Lal S/o Dev Narayan Chauhan Age-55 Years got treated and on his
MLC the learned doctor has written A/H/O Assualt By Unknown person as per told
by Pt. Attendent Mr. Akshay
 Pt. Come to casualty in unconcious stage L/E Penetration of rod in left temporal
partial lobe active bleeding (+) abrassion over occpital lobe and injury O/R was
written that the injured is Unfit for statement. ASI got the MLC and searched for the
eye witness in the hospital also, but did not found any. Samshad Hussian worked as
an electrician under contracter Nand Lal Chauhan who was found unconscious with a
drilling machine on his head in Narela, Delhi.

Chauhan used to give him 15 thousand per month for electricity work with Shrike
Construction Company. Samshad and Rahul were roommates to Nandlal and keys of
the room they after finding out Nandlal’s posotion shouted for help and called the
company’s ambulance reached there and he was carried to Mangalam Hospital who
refused to admit him. He was then admitted to Jaipur Golden Hospital where he is still
in a critical condition.

ASI, departed from Dinesh no. 2260/OND police station towards the place of
incidence room mo. 71 Pkt-13 Labour camp Shrike Construction Company mata
mansa devi road, Narela, Delhi. Rahul S/o Duryodhan entered the gate with Nand Lal
and went to his room. After hich ASI captured him with the help of his policemen
whose identity was disclosed as Abhimanyu @ mannu. The accused informed that the
second accused who commited the crime with him is present in his house now.

A mobile phone (VIVO red and black jeera, IMEI no. 8694080492000950 with
mobile no. Sim 7840842364 and a key were collected from an iron box form
Abhimanyu's house which was of Nand Lal's room's both of them were packed in a
seprate plastic box and doctor tapde made a seizure memo and after sealing it as DK
handed to ASI. The accused were presented before tthe Metroplitant Magistrate and
were sent to Juicial custody.

On 5.10.2020 ASI Dilip went to Jaipur Golden Hospital were Injured Nand Lal S/o
Dev Narayan Chauhan was not in a position to deliver his statement. The Doctor after
operation removed the beat of the drilling machine from injured's head, sealed the
beat and made a seizure memo with a green colour cloth and marked as JGH.

On 8.10.2020 DD No. 15 A sent an information to the Narela police station that the
injured of the present case Nand Lal S/o Dev Narayan Chauhan died in Safdarjung
Hospital during the course of treatment after which section 302 IPC was added in the
FIR and with SHO’s order the case file for the purpose of investigation give to the
Inspector.

On 9.10.2020 Inspector with ASI Dilip Kumar went to Safdarjung Hospital, Delhi
morchery were family members and relatives of the deceased person present.
Deceased inquest paper were made ready and a request for postmortem was sent to
the Autopsy Surgeon. After the postmortem of deceased kept the viscera and the
blood sample which were sealed and 2 sample seal were presented VMMCASJH,
FMT which was made seizure memo and taken into police custody
The beat of the drilling machine has been sent to the Forensic Science Laboratory
(FSL) for results, after which the charge sheet will be filed against Ahimanyu and
deepak based on that charges u/s 302/34 IPC have been framed, and the accused are in
Judicial Custody. The motorcycle no. UP-13 AD 5576 owner Mukesh kumar s/o
Chote lal r/o village mukhera, dist. Bulandshah, UP, who told that he sold the bike to
Niraj Kumar and he selled that bike to Nand Lalder to get the phone in custody's CDR
and CAF.

Important dates and Events:

27.10.2020

ASI Dilip kumar on getting DD No.110 with PSI Lokender No. D-

6782 reached to place of incident Room No. Pkt- 13 Shrike Company Mata Mansa
devi road, Narela, Delhi. Where inside the room on the floor there was a blanket with
blood stains on it, After inquiry at the place of incident it came to knowledge that the
injured has been taken to Jaipur Golden Hospital by the company’s men. There was
no eye witness found at the place of incident. Crime Team were called at the place of
incident for investigating and taking photograph.

In order to safe guard the Place of incident PSL Lokender was left there by ASI Dilip
kumar reached to Jaipur Golden Hospital were at MLC No. 15608/20 Nand Lal S/o
Dev Narayan Chauhan Age-55 Years got treated and on his MLC the learned doctor
has written A/H/O Assualt By Unknown person as per told by Pt. Attendent Mr.
Akshay
Pt. Come to casualty in unconcious stage L/E Penetration of rod in left temporal
partial lobe active bleeding (+) abrassion over occpital lobe and injury O/R was
written that the injured is Unfit for statement. ASI got the MLC and searched for the
eye witness in the hospital also, but did not found any after which ASI Dilip kumar
reached the place and after going through and revising the place of incident and to
MLC report received from the hospital the charges U/s 307 were recognised and been
sent to PSI Lokender No. D- 6782 police station to record the case.

After that Mussami Shamshad Hussian S/o jalaluddin r/o village budhshi post,
Sidhvaliya thana, Muhammadpur, Dist. Gopal Jung, Bihar. Current adress: Room no.
71 Pkt-13 Labour camp SHRIKE CONSTRUCTION COMPNAY, mata mansa devi
road, Narela, Delhi. On whose presence from the place of incident the seizure memo
was taken under police custody and Shamshad Hussain also presented his room’s lock
and key which were also taken under police custody.

After that Samshad Hussian’s statement was recorded which is “ that he was staying
at the place of incident from last 4 to 5 years and work at SHRIKE
CONSTRUCTION COMPANY as an electrician under contracter Nand Lal Chauhan,
my master is Nand Lal Chauhan who has his contract for electricity work with this
company. Nand Lal Chauhan used to give him 15 thousand per month. Nand Lal and
Rahul use to stay at the same room, room mo. 71 Pkt-13 Labour camp Shrike
Construction Company mata mansa devi road, Narela, Delhi. Both of them share a
pair of key of the room.

On 27.10.20 near 6 p.m in the evening Shamshad Hussian and Rahul after their work
reached the room, which was locked, Shamshad Hussian opened the lock with his and
he and Rahul entered the room they switched on the light and found Nand Lal
Chauhan upon the blanket with a drilling machine beat penetrate on this head.
Shamshad Hussian immedietly shouted for help by which the labours got assembled
and their company’s ambulance also reached there in which Nand Lal Chauhan was
carried to Mangalam Hospital who refused to admit him he was then admitted to
Jaipur Golden Hospital. After that Samshad Hussian returned to his room, where
police was present and they from the place of incident collected and marked the
evidences.

1. One Blanket black and red colour of double bed which has blood stains on it was
made a seizure memo and been marked as (A)
2. Small and large peices of stone(chakla) which has bloods mark on it which was
packed in a plastic box and sealed with the doctors tape was made a seizure
memo and marked as (B)
3. A small hammer with claw at one side and handle made of iron pipe was made a
seizure memo and marked as (C)

4. Three empty liquor glass bottle, two mentions “himmat santra” and one mentions
“royal green” and one plastic Sprite bottle which were packed in a plastic box
sealed with doctor tape and been marked as (D)

5. Pant of injured Nand Lal and black leather belt was made a seizure memo and
marked as (E)

6. The lock which was submitted mentions Khushi TOP and the key were made a
seizure memo.

From the place of incident, a black coloured Jio phone was received from the bed
which was also made a seizure memo.

29.10.20

ASI, departed from Dinesh no. 2260/OND police station

towards the place of incidence room mo. 71 Pkt-13 Labour camp Shrike Construction
Company mata mansa devi road, Narela, Delhi, where Rahul S/o Duryodhan R/o
house no. 220 Pkt 13 labour camp Shrike Construction Company mata mansa devi
road, Narela, Delhi( who know the face of the *) who was taken with ASI towards
(irp home buyer are also creditor is this can be filed under Article 32) for the purpose
of investigation moving towards sector A-5 chowk sindhu border and traveling
through the road and from that route a man was seen heading from the front, Rahul as
soon as saw that man, informed the ASI that he is the one among those two who were
there entered the gate with Nand Lal and went to his room. After hich ASI captured
him with the help of his policemen whose identity was disclosed as Abhimanyu @
mannu S/o Dashrath R/o jhuggi no. 3 Pkt 4 sector A-6, Narela, Delhi ****. FIR was
launched against Abhimanyu@ mannu and his arrest was made, papers regards to his
arrest and all the other formalites were made ready. The accused informed that the
second accused who commited the crime with him is present in his house now, after
which ASI with his officers and the first accused reached to house no. 128, galo no. 7
beesh shutri colony, sindhu border, road narela , Delhi, were Deepak S/o Bhagwan
das was present in his house and indentified Deepak as the one who was present with
Abhimanyu on 27.10.20 at Nand Lal’s house and left from there on Nand Lal’s
motocycle, FIR was launched against Deepak after finding proof against him arrest
was made to Deepak and and his paper of arrest were made ready .

The statement of both the accused were recorded separately, Deepak from his place of
residence from a box presented a motorcycle key of bike numbered UP- 13 AD 5576
engine no. 2178069 whose RC was of Mukesh S/o Chotelal R/o village mukhera, dist-
bulandshah, pollution certificate of that bike and LARSEN & TOUBRO LIMITED
card upon which photo of Injured Nand Lal was present, these all papers were
presented to the ASI and he also informed that Nand Lal’s bike was been hided in the
bushes towards the road which leads to between sector A-5 to B-4.

All the papers were filed, and the key and paper after making a seizure memo taken
into police custody. And the motorcycle was also taken into custody.

After that Abhimanyu @ mannu was taken to his residence, from were a mobile
phone (VIVO red and black jeera, IMEI no. 8694080492000950 with mobile no. Sim
7840842364 and a key was collected from an iron box which was of Nand Lal’s
room’s both of them were packed in a seprate plastic box and doctor tapde made a
seizure memo and after sealing it as DK handed to ASI which was taken into police
custody. The accused were presented before tthe Metroplitant Magistrate and were
sent to Juicial custody.

5.11.2020

ASI Dilip went to Jaipur Golden Hospital were Injured Nand Lal
S/o Dev Narayan Chauhan was not in the position to deliver his statement, the Doctor
after operation removed the beat of the drilling machine from injured’s head, sealed
the beat and made a seizure memo with a green colour cloth and marked as JGH and
was then given to ASI which was taken under police custody.

8.11.2020

DD No. 15 A sent an information to the Narela police station that

the injured of the present case Nand Lal S/o Dev Narayan Chauhan died in Safdarjung
Hospital during the course of treatment after which section 302 IPC was added in the
FIR and with SHO’s order the case file for the purpose of investigation give to the
Inspector.
9.11.2020

Inspector with ASI Dilip Kumar went to Safdarjung Hospital,

Delhi morchery were the family members and relatives of the deceased person
present. Deceased inquest paper were made ready and a request for postmortem was
sent to the Autopsy Surgeon. Upon which the Autopsy Surgeon did the postmortem of
the deceased on PM No. 2541/20 and handed over the body to Inspector, which was
then arranged to be ready for it’s cremation and been handed over to their family and
the Autopsy Surgeon after the postmortem of deceased kept the viscera and the blood
sample which were sealed and 2 sample seal were presented “ VMMCASJH, FMT
which was made seizure memo and taken into police custody.

After which the PM report was received which stated the Cause of death Death is due
to cranio-cerebral damage as a result of ante mortem in nature & rouced by blunt
forced impact ante mortem external injury 1,3,4 & 6 collectively &injury no. 4&6
individually are sufficient to cause death in ordinary cause of nature however viscera
has been preserved on request of investigation officer, has been recorded.

After this in this incident all the seizure memo were marked as

1. FSL No. SFSL(DLH)/358/BIO/69/21 Dated 11/01/21

2. FSL No. SFSL(DLH)/359/CHEM/138/21 Dated 11/01/21
3. FSL No. SFSL(DLH)/706/PHOI(G)/12/21 Dated 19/01/21

Are submitted whose results are not found yet. After this motorcycle no. UP-13 AD
5576 owner Mukesh kumar s/o Chote lal r/o village mukhera, dist. Bulandshah, UP,
who told that he sold the bike to Niraj Kumar and he selled that bike to Nand Lalder
to get the phone in custody’s CDR and CAF a request was sent to the respected
authorised company.
The beat of the drilling machine has been sent to the FSL for results, after receiving
the FSL it will be sent to the Autopsy Surgeon to get the subsequent opinion and also
after receiving the CDR and CAF of mobile no.7840842364 & 8595089873 the
charge sheet will be filed

In this the Investigation till date and all the evidences which were received and
statement rcorded against accuse Ahimanyu and deepak based on that charges u/s
302/34 IPC have been framed, and the accused are in Judicial Custody.

Nand lal’s roommates:

1. Rahul
2. Shamshad Hussain

Witnesses:
1. Rohit
2. Security guard
Case status: charge framed

Interim order passed by the court: [CHARGE FRAMED]

This is as per record prima facie case for the offenses U/s 302/392/394/34 IPC is
made out against the accused persons (with a strong suspicion)that the offence has
been committed.