FIR No. 992/2006 dated 19.9.

2006

Copy of inquest report dated 19.9.2006

Raj Kumar s/o Shri Amar Singh resident of Kanhai stated that he is a resident of Kanhai village and is a property dealer. His elder brother lives outside the village in his own house. Karambir, Suresh and he live with his father in the house constructed in the village. On 19.9.2006 at about 9 pm his nephew Vinod Kumar came to meet him who was abused and beaten by Kartar s/o Mansha Ram. Vinod Kumar told him and Karambeer about the quarrel by Kartar. While going to make a complaint to Kartar Singh, near the house of Somay Singh, They were chased by Kartar Singh and Others. Then Kartar Singh gave a blow of rod on the right side of Raj Kumar. Rajesh hit rod on his head. Om Prakash gave a blow of rod on his left wrist. Kamlesh gave a blow of danda on his waist and left feet. When his brother tried to rescue him he was also given injuries by Suraj Bhan, Bahadur, Vijay. On raising alarm, his father Amar Singh, his brother Suresh came and they were also beaten. Jiya Ram, Bittoo and Vijay fired a shot and threatened them of murder. After that they all went to their houses. They were taken to Umkal Hospital by Pawan r/o Sector-46 and Vinod for treatment. His nephew Parvesh and Vikas s/o Mahender Singh came to see them while they were standing outside the hospital. On the spot Jiya Ram s/o Satbir Singh, Bitto s/o Mahender, Vijay Singh s/o Zile Singh rs/o Kanhai having pistol shot fired on Parvesh. Parvesh was taken away by Vinod Kumar and Vikas to Kalyani Hospital, Gurgaon. They all gave injuries to Raj Kumar and others and murdered Parvesh. The reason of enmity was while coming to meet Raj Kumar, Vinod didnt stop on fresh cemented road even on asking and due to this, they gave injuries to us and murdered Parvesh. On the basis of said report, a case u/s. 148, 149, 323, 506, 302, 285, 307 IPC as well as u/s. 25 of Arms Act was registered and investigation was launched. Name of place where death occurred- Kalyani Hospital, Gurgaon. Date and hour of recovery- 19.9.2006 at 2:15 a.m. Name of deceased- Parvesh s/o Mahender Singh Yadav r/o H.No. 6/7, Anand Garden, Rajender Park, Gurgaon Age/sex- 25, M Condition of clothes, ornaments etc.- blue underwear Mark Jockei on the waist. Position of the limbs, eyes and mouth- eyes closed, mouth closed rigor mortis was present. Expression of the countenance- eyes closed, mouth closed, rigor mortis was present. Injuries of marks of violence on the dead body- wound of bullet on left back side of head, blood oozed in liquid condition, wound on back below neck, black blood oozed on left side of waste, scratch mark on the right arm, bluish mark on right side of waste. By what weapon- fire arm Is there any rope or other article- no Body well nourished and vigorous of emaciated and weak? dead body of a hale and healthy person

Body stout thin or decomposed? strong Height by measuring from head to feet about 59 Marks, position & appearance of moles, scares- as per column No. 10 Apparent cause of death- by fire arm Any circumstances to show suicide- no Article found on dead body labelled and sealed. Marginal notes:- In Mark A mortuary in Kalyani Hospital dead body of Parvesh was kept. Copy of inquest report dated 25.8.07 Where death occurred- Dr. RML HOS ND Gurgaon Distance and direction from PS- towards south east PS distanced 1 km. Date and hour of discovery- 19.9.06 at 4:50 A.M Name of deceased- Amar Singh S/O Jiwan lal R/O VPO Kanhai Police Station, DLF Sector 29, Distt. Gurgaon, Haryana Age and Sex 80 Years Position of Limbs, Mouth and Eyes- Eyes closed,Mouth open Expression of Countenance- As per II MLR umkal hospital, Distt. Gurgaon Is body well nourished Weak body Is body stout thin or decomposed- Weak Height- About 6 Ft. Apparent Cause of Death Injury on Head Mark A ,place where dead body of deceased Amar singh was take in the mortuary from Dr. RML hospital CHIEF Cross Examination Statement Of Ram Avtar Statement of SI dt. S/O Amar Singh- On 26.09.2006 PS RML 18.09.2006 at about 9:10 Hospital, New Delhi PM Amar singh was At 7:45 AM,recorded that admitted in RML hospital HC Virender in injured condition ,died singh(200/ND) gave info. during treatment on That Amar singh 26.09.2006. Dead was sustained injuries on identified. 19.09.06 was admitted in Statement of Mawasi RML hospital vide MLC Ram S/O Tek Chand- On No. 167/06 Umkal 18.09.2006 at abt 9:10 Hospital and has died at PM his Uncle Amar singh 4:50 AM. Report was sustained injuries due to entered in Roznamcha. quarrel in village and was Copy forwarded to SI admitted in RML Hospital Jagdish. on 19.09.2006, who died Statement of SI during treatment on dt.19.09.06 PS RMN 26.09.2006. Hospital, New Delhi. At 2 PM, recorded that HC Virender singh(200/ND)gave info.

that Amar singh has been admitted vide MLC No. 167/06 Umkal Hospital in RML hospital. Report was entered in Roznamcha. Copy forwaded to SI Jagdish.

Copy of Charge Dt. 04.07.09 Copy of Statements of PW 4, Constable Rambir dated 16.01.2010 and 20.02.2010

CHIEF On 19.09.2006, Constable Rambir was posted in Police Post Sushant Lok. Associated with the investigation of the case he and SI Surender Singh met with the Doctor in Kalyani. The clothes, duly sealed, of the deceased, Parvesh Yadav , were handed over by the Doctor and taken into possession by the I.O. vide recovery memo. PW 4 signed as a witness to this. Post mortem was conducted thereafter. The jar containing the lead (sikka) handed over to PW 4 by the Doctor was taken into possession by the I.O. Subsequently the body was handed over to the deceaseds relative. On 22.09.2006, accused

CROSS EXAMINATION On 18.09.2006 PW4 departed from the Police Post with SI Surender Singh with 4/5 other officers for Umkal Hospital, place of occurrence after receiving information at 1.45 AM and a V.T message on wireless about the occurrence. They reached Umkal hospital at about 3 / 4 am. They remained there for one hour. Having been in the jeep PW14 did not see the blood near the hospital nor did he know what transpired during that hour. No efforts were made by PW4 to know what was happening there either. He cannot tell as to at what time/approximate time the injured was shifted to Kalyani hospital from Umkal hospital. The entire police party converged to Kalyani hospital thereafter. They stayed there for half an hour. PW4 doesnt know whether the I.O. recorded the statements of the witnesses of the Kalyani Hospital.

Satbir, Rajesh and Suraj Bhan were interrogated. On interrogation; Suraj Bhan disclosed the location of one concealed iron rod i.e. Z Cross Sector-29, Gurgaon, Rajesh disclosed the location of one concealed iron rod i.e. near Signature Tower, Satbir also disclosed the location of one concealed lath i.e. Air Force Station, on Gurgaon Faridabad road. All statements were attested by PW4 and signed by the accused respectively. On the same day itself the police party recovered Suraj Bhans iron rod and taken into possession vide recovery memo Ex. PF/1 Similarly Rajeshs concealed iron rod and Satbirs concealed iron rod was recovered(discrepancy in statement, lathi was said to be the concealed earlier) and taken into possession vide recovery memo Ex.PG/1, and Ex.PH/1 respectively. Memos were thus attested by PW4 as witness. All articles recovered were sealed into a parcel and the seal was handed over to Surendra Singh and then to PW4. Three sealed parcels contain the two rods and one lathi were opened. On the seeing them the witness confirmed Ex.P1, Ex.P2 and Ex.P3 to be the same. PW4s statement is

While the police party went searching for the accused PW4 along with ASI Girdhari Lal went to mortuary for getting the postmortem of the dead body. Before this they went to Kanhai village at around 4/5AM to make inquiries, but nobody came forward to depose about the occurrence. Thereafter they returned to the Kalani Hospital to take the body for post mortem. The body was lifted at around 9AM from the hospital for the post mortem exam. 15/20 minutes were taken to reach the mortuary Before the post mortem exam PW4 returned to the Police post at 7AM. In the evening PW4 along with SI Surender Singh returned to the Police Post. It is correct that Ex. D16, Ex. D17, and Ex. D18 are true photocopies of the entry no. 39.40 and 41 (two). (original rojnamcha returned)

recorded by the I.O. Copy of statements of PW-8 Laxmi dated 23.12.2010. Copy of statements of PW-13 Vinod Kumar Yadav dated 25.01.2010 and 27.01.2010 Brought the summoned record containing pages 74 and x-ray-2 of patient Amar Singh son of late Sh. Jiwan Lal R/o Village Kanhai, Gurgaon. Placed on record. CHIEF CROSS EXAMINATION 18.09.2006 at 9 PM: PW-13, The Police did not meet the while on his way to meet his PW-13 on the day of the uncles, grandfather and father, occurrence but 3/4 days after was beaten up and abused by at Umkal hospital. Mr Phogat Katar Singh for driving on a and 2/3 other officials stayed freshly constructed road. at the hospital for half an hour. To protest PW-13, along with The Police never came to the his uncles; Raj Kumar, village in PW-13s presence. Karamvir, Suresh; father, Ram They came to the village when Avtar and grandfather, Amar Amar Singhs dead body Singh, went towards Katar brought. Singhs house. No idea as to when the They were confronted by Katar statement was recorded by the Singh, Suraj Bhan, Om Prakash, Police in days or months. Rajesh, Kamlesh, Bahadur, He went to the station to Vijay, Yogender and Satbir, record his statement, but who were armed with lathis, doesnt know whether it was dandas and iron rods. Jia Ram days or months from the and Raj Kumar, who were also occurrence. present among them, were He cannot deny it may be 3 armed with pistols. months after the occurrence. PW-13s father was hit on the He said that only Katar Singh head with an iron rod by cried out that none should Rajesh, Suraj Bhan and Om escape when confronted with Prakash. portion A to A statement dated PW-13s grandfather was 25.01.2010, wherein he stated struck in the chest with a brick, all cried it out. given a blow to the head and He volunteered that his father leg with a danda and by was hit by iron rods and not on Kemlesh, Vijay and Bahadur head by Suraj Bhan, Rajesh and respectively. Om Prakash, when confronted Jia Ram, Raj Kumar and Vijay by statement Ex. DA where the fired a shot in the air word had is not mentioned. threatening to kill them. Doing He said they did not hit his so they left. grandfather, when confronted The injured were taken to by Umkal Hospital in Gurgaon by Statement Ex. DA from portion PW-13 and Pawan Kumar, A to A, wherein he claimed where they were later met by that the three did cause PW-13s cousins, Pravesh and injuries to his grandfather. Vikash. He stated that Bahadur gave a PW-13 along with his father danda blow on his Ram Kumar, uncle Raj Kumar, grandfathers feet but the seat Pravesh, Vikas and Suresh of the injury was not mention were outside Umkal Hospital, in the statement Ex.DA.

when a white car coming from red cross Sector 29, Gurgaon stopped in front of the hospital. The occupants of the car were identified by PW-13 as Jia Ram, Raj Kumar @Bittu (already know to PW-13), Suresh and Banti. Raj Kumar and Suresh shot at Pravesh which hit him on the head and back respectively. Jia Ram and Banti grappeled with PW-13 and Vikas, due to which Vikas fell down and received back and arm injuries. Being fired at again by Suresh and Raj Kumar they fled into the hospital. The accused thereafter left the scene in their white car and PW-13 and Vikas took Pravesh to Kalyani hospital, where he was declared dead. PW-13s grandfather was also transferred to RML Hospital, New Delhi from Umkal Hospital. Due to his injuries he died on 26.09.2010. Pw-13s statement is recorded by the Police.

PW-13 stated that they were unarmed while they were on their way to Katar Singhs house and that their intention was only to make him understand. Moreover he did not know about their injuries and that they could have sustained injuries due to the scuffle between the two groups. He did not see Katar, Yogender, Suraj, Satbir, Rajesh, Sanjay or Papita bleed as it was dark. Since the shot was fired in the air, he doesnt know if Yogender, Sanjay, Suraj and Sonu had suffered any fire arm injury. The admission of the accused to Shivam hospital was brought to PW-13s attention later on. Gun shot was fired in the air approx 20 feet from Amar Singhs house. Doesnt know whether blood fell in front of Katar Singhs house. Quarrel with Katar Singh took place 30/40 feet from the place of occurrence at the first instance. He claims not knowing that his deceased cousins father in law is ASI in Gurgaon police. PW-13 knows of the Tata Safari owned by his cousin Pravesh, and that it had been smashed that night itself by the villagers. But does not admit that it was in response to indiscriminate firing by Pravesh, Vikas and other gundas upon the accused. The vehicle was present before the occurrence. No villager was attracted to the noise/gun shots. Seven of them went to Umkal hospital in a Santro car. Namely Raj Kumar, Suresh,

Karambir, Ram Avtar, Amar Singh and Pawan. PW-13 stated that after Amar Singhs admission he was standing outside the hospital with Raj Kumar, Suresh, Karamvir, Pravesh and Vikas. Neither the admission nor the names of the people standing outside was mentioned in statement Ex. DA. He states that his grandfather was taken on a wheel chair for admission or treatment is correct and that it hasnt been made on account of a legal advice tendered to him When they reached the hospital Parvesh and Vikas were already standing at a distance of 12/13 feet from the main gate. Their motorbike was parked across the road. The car park was adjoining the main gate. He saw the accused getting off from their car 20/25 feet away. The accused stopped their car 30/35 feet from the main gate. He admitted to the presence of a security cabin at the gate. The accused is said to fire from a distance of 2/3 feet. On being fired upon Raj Kumar, Karambir, Vikas, Pravesh and PW-13 stayed outside whereas an attendant took his grandfather inside on a wheel chair followed by Ram Avtar and Suresh, this is not so recorded in statement Ex. DA. He stated that the accused fired upon them and not that the accused fired 2/3 shots. All of them entered the hospital to save themselves. The reception is 30 feet from the main gate. The accused did not come to the spot The medico legal examination of Vikas had not taken place till

the firing of shots towards them. Vikas and PW-13 took Parvesh to Kalyani hospital where he passed away. Police reached the hospital 2-3 hours after them reaching the hospital. He was not questioned as he was outside. He doesnt know whether Vikass blood smeared clothes were taken into custody. But he was not asked any questions. But the police made enquiries from Vikas for 10/15 minutes. He denied that he was asked to take a diversion by Rajesh, Yogender and Sonu to avoid causing damage to the newly cemented road. He denied that they instigated the first occurrence due to the humiliation caused to him b y the beating and that Bahadur was just intervening on hearing the noise and also that they cause severe injuries to seven people. He denies that F.I.R was lodged the next day at 9AM after deliberations. He said to have not mentioned the name of Sonu to the police but its mentioned in statement Ex. DA. Kalyani hospital is 3-4 Km from Umkal Hospital and that the injured were brought to the hospital on account of better medical care. But due to non availability of Surgeons, informed by the security guards, Pravesh was taken to Kalyani 5/7 minutes after the incident occurred. Vikas had been given first aid at Umkal hospital but full treatment was given after he returned from Kalyani hospital. PW13 admits not knowing

Banti and Suresh, but he had seen them with the accused. This was not recorded in Ex. DA No identification test parade was made for PW13 in regard to Banti and Suresh. They did not enquire about the van that brought them to Kalyani. He also denies having concorted a story against the accused. He also denies having identified Suresh and Bnati for the first time in Court as he had seen them on earlier dates, though he has attended court earlier. He is unable to give the description of the firearm used by Jia Ram, being 15/20 feet away. Neither did he receive injuries during the two occurrences. Copy of statements of PW -14 Karambir dated 27.1.2010, 28.1.2010,29.1.2010 & 9.2.2010 CHIEF Karambir s/o Amar singh, property dealer. He, Suresh and Raj Kumar resides in village Kanhai and his elder brother Ram Avtar resides outside village. On 18.9.06 at about 9:00 PM, his nephew Vinod came to meet them. Motorcycle of Vinod went on freshly laid cemented street so accused Kartar gave him beating and abused him. On lodging protest against this Karambir along with his brother Raj Kumar, Suresh, Ram avtar, Vinod and Amar Singh were beaten by Kartar, Suraj Bhan Om prakash, Rajesh Kamlesh, Bahadur, Satbir, Yogender, Bittu@ Raj Kumar s/o Mahender Singh, Jia Ram, Vijay while towards the home of Kartar. Pawan Kumar friend of Raj Kumar and Vinod Kumar took them to Umkal Hospital. At Umkal Hospital, Raj Kumars CROSS EXAMINATION By defence counsel Deferred as court time was going to be over and cross examination cannot be completed. By S.P. Gupta Adv. For Accused dated 28.1.2010 Karambir and others were empty handed while going towards the house of Kartar. It is correct that they all were empty handed so they didnt cause any injury to any of the accused. It is correct that Tata Safari was also smashed in the village on day of occurrence and with regard to that nothing was stated to the police. It is incorrect that when there was firing from Karambir & ors. side and many persons from Kartar side sustained injuries so villagers got engraged and chased them. It is incorrect to suggest that hospital was at a

Nephew Parvesh and Vikas reached to meet them. One white maruti car came from side of Sector-29, out of which Raj Kumar@ Bittu, Jia Ram, Suresh, Banti alighted. Raj Kumar fired Parvesh with pistol which hit him on his head, Suresh fired a shot hitting him on his back. Suresh and Bittu also fired them and escaped. Parvesh was lying bleeding in front of Umkal hospital and was declared dead by doctors. Statements were recorded by police.

distance of 3 kms. The said hospital is at a distance of 5/6 kms frm village. It is correct that there is 24 hrs. Emergency in Umkal hospital. No knowledge of ambulance (Umkal Hospital)... went hospital together rather one after other...we reached hospital at same time...in hospital ward boy brought wheel chair-ram Avtar and Suresh took Amar singh inside hospital-rest kept standing outside-not disclosed above factum to police...not deposing after being tutored before court or to toe the line of PW Vinod...correct that only vikas and vinod went to Kalyani hospital along with Parvesh...we are not aggressive in occurance allegedly to place in front of Kartars house...Parvesh wasnt shot at somewhere else by someone else...incorrect that karambir not a witness-who fire arm injuries to Parvesh. CROSS EXAMINATION By Shri. D.C. Gupta Adv. For accused dated 29.01.2010 House of Zile Singh abuts our house-distance between kartar singh and Zile singh abt 100fts... house of samey singh abt 15 fts from Zile singh. House of bahadur singh 30 fts from samay singh towards kartars singh... dont know if sonu injured or not... didnt state that sonu was accused... dont know yogender recived any injury... also no knowledge abt injury to any accused... dont know name of Parvejs wife... incorrect yogender recived fire arm injury...incorrect he & his father named falsely... incorrect no action by police against us.

By Shri. Prashant Yadav Adv. For accused dated 29.01.2010 Occurance took place in front of samay singh house... myself & rajkumar injured... admitted in hospital... incorrect didnot witness any occurance in front of umkal hosptl... incorrect that falsely named accused jiaram. By Shri S S Chauhan Adv. (Cross examination Deffered) dated 29.01.2010 By Shri S S Chauhan Adv. For Accused Banti & Suresh dated 09.02.2010 I, rajkumar, suresh, ramavtar, amar singh, vinod, pawan, reached umkal hospital at abt 11-11.15 pm... left v;;g at 10.30 pm... parvesh hit by bullet at 11.15 pm...at that time we were at front of umkal hospital... was distance of 1/1-2 feet from parvesh... incorrect the width of road more then 20 ft... parvesh at a distance of 25-30 ft. From parking of car.. parvesh was shot from 2-3 ft dstnce. I recvd innuries & medico legal report was prepared... medical officer met at abt 11.30 pm.. was having deep wound on my head...was not unconscious... incorrect that feeling giddiness in umkal hsptl & there was profused bleeding from my head...incorrect was medico legal examined as soon as i reached hsptl.. incorrect was not standing in front of umkal hsptl. Police met me firstly on 19.09.2006 abt 6 am in umkal hsptl... after that neither i went nor police came to me... incorrect i didnt visit the place of second occurance... statement of Ramavtar & Suresh also recorded... no knowledge whether befor my statement

any other statement except rajkumar was recorded... vikas also recived injuries on his left arm & back... when parvesh susutained bullet injuries, vikas standing outside hospital... n after that they entered hospital... didnt remember whether MLR of vikas conducted or not... vikas after getting first aid, left hospital.. i came to know about parvesh death after 1 hr of my medical examination... was told by rajkumat abt parvesh death. Correct that accused banti & suresh , not known to me... correct paternity & addresses also not known... dont know when they were apprehended by police... i was not joined in test identification parade of accused banti & Suresh...parvesh suffered bullet injuries on head & back..my cloths were not smeared with parvesh blood... incorrect that no such second occurrence took place... incorrect that at the time of second occurance, i was in causality... incorrect was not in a position to move out of hospital.. incorrect that after due deliberation & consideration falsely named banti & suresh as accused. Copy of Statements of PW 16 Rajkumar dated 9.02.2010 & 10.02.2010 CHIEF On 18.09.2006, at abt 9-9.15 pm, vinod coming to meet us on motorcycle... motorcycle went on into freshly laid cemented road... kartar singh started abusing & quarrelling with him... vinod came to us & narrated the incident... i, karamveer, suresh, ramavtar & amar singh with vinod proceeded to kartar singh to lodge protest... near samay singhs house, kartar singh, rajesh, Suraj bhan, omprakashCross Examination Deferred. By defence counsel dated 09.02.2010. By shri S P Gupta, D C Gupta & Prashant Yadav , Advocates for accused dated 10.02.2010. Dont remember name of Parvesh wife... had joined his marriage in Rewari... father in law Narendra employed in police... Vinod disclosed his motorcycle went on newly

all armed with iron rod , kamlesh, bahadur- both armed with Dandas, Bijender, satbirboth armed with Lathis, vijayarmed with pistol, coming towards us. Kartar singh & Rajesh gave a rod blow on my head. Ompraksh gave rod blow on left wrist... kamlesh- danda blow on back & left leg, suraj bhan, vijay & bahadur caused injuries to karambir... amar singh, ramavtar, suresh, & vinod also given injuries by accused... vijay, bittu, & jiaram fired shots in the air... pawan & my nephew vinod took us to umkal hsptl, gurgaon. My nephew parvesh & Vikas reached there to see us... we were standing in front of hospital... from side of sector 29, white maruti stopped at the main road.. bittu, jiaram, suresh, & harban @ bunti came out... bittu fired at parvesh with pistol- hit his head... suresh fired hit back of parvesh... jiaram, bunti ran towatds vikas to cause injuries... bittu & suresh fired towards us... we entered hospital premises... after 5-10 mins, we came out- saw parvesh lying unconscious & profusely.. parvesh shifted to kalyani hosptl by vikas & vinod in a pvt van... at abt 1 am, i received telephonic msg from vikasparvesh died... at abt 2 am, police met me at umkal hsptl & i made statement... amar singh also died due to injuries on 26.09.2006 in RML hosptl, delhi.

constructed road... not got recorded that vinod had disclosed to me despite kartar stopping him.. vinod drove his motorcycle over mewely constructed road... not got recorded that prakash abused Vinod & also beaten him... voluntarily reported police that altercation & abuses took place between them... stayed in the court , there was mutual exchange of abuses & altercations... might have stated wrongly in examination in chief regarding abuses & altercations... current version is correct... incorrect to suggest whatever suggested in FIR & Court is wrong... correct that i have recorded in my statement that all accussed caused injury to amar singh & Suresh... Volunterred all accused means vijay, bahadur & Kamlesh.. kamlesh caused danda blow to me.. not stated kamlesh being assailant of Karambir... wrong that all accussed means other accussed also ... incorrect that today only i named vijay, bahadur & Kamlesh only as assailaint to amar singh in order to toe the line other pws whose statement were recorded after deliberations & going through medical report... dont remember whether i got recorded to police that when police parvesh suffered police injuries , we were standing in a green belt... correct that since there was emergency we all seven boarded in santro car... i reported to police dat suresh, harbhan , bittu, & jiaram alighted from vechile... incorrect that i have reported that said persons were three in nos.... not named vijay as the person who came down from car.. staed

befor police that suresh also fired on parvesh.. hitting on his back.... incorrect i had recorded to police assailants were three persons & those were vijay. Bittu & jiaram... volunterred ident name vijay not stated jiaram fired shot at parvej... volunteered four assailants come there ... two fired shots... reported to police jiaram & banti went towards vinod & vikas to assault them... attention of witness drawn towards the statement dated 09.02.2020 in court where vinods name doesnt find mentioned... attention of witness also drawn towards FIR ex.PB , where not recorded jiaram & banti ran toward vikas to assault him... reported to police that said scuffle vikas fell on ground & suffered injuries on his back & hands... had disclosed to police that bittu & suresh fired towards us... reported to police that in said scuffle vikas fell on ground & suffered injuries... reported to police that when we came out of hospital 5-10 mins later saw parvesh lying unconscious & bleeding profusely... reported police vikas disclosed me that parvesh died at kalyani hsptl around 1 am... when going towards house of kartar to lodge protest we were empty handed... when first occurance took place , we were empty handed & received injuries... we didnt cause injury to accussed party ... however in said scuffle & self defence accussed might have sustained some injuries... have not seen any accussed bleeding... dont know abt any bullet injuries to accused party... dont know abt head injuries also... disclosed to draftsmen

abt both the injuries.. incorrect the house of samay singh is at 100 yards from our house , it may be 20 ft.. disclosed to draftsmen about our standing there when shot was there ... confronted with site plan Ex.PJ it is not mention... disclosed to draftsmen regarding the place from where the accused fired shot towards parvej... wrong to suggest that had disclosed names of culprits who fired shot as vijay singh, bittu & jiaram.. Confronted with Ex. PJ it is mention... voluntarily disclosed to draftsmen that four personjia ram, bittu, suresh and banti alighted from car and bittu and suresh fired shots towards parvesh...confronted with Ex.PJ where recorded jia ram, bittu, vijay alighted- fired parvesh. I had disclosed to draftsmen about place where vinod was standing.. confronted with Ex.PJ not recorded... had disclosed about the point where Vikas suffered injuries... cobfronted with EX.PJ not recorded.. also disclosed as to who & from where assailants caused injuries to vikas.. confronted with EX.PJnor recorded... not disclosed as to from where we dropped from Santro car or about parking of santro car.. wrong to suggest that pointed out the place as point A from where the blood was lifted in front of the house of kartar.. confronted with Ex.PJ- not recorded...called by draftsmen on 29.11.2006 and disclosed about various places.. wrong that we informed police that parvesh and vikas came hospital only after knowledge of our admission in hospital.. vikas not came to Umkal hospital in presence of police when police came for the first time... police

remain there for 15/20 min. When my statement was recorded and i cannot tell as to how much more time police remained there. Dont know anything except the recording of my statement by police on the first visit... vikas met me in umkal hospital around 5 AM when he came along with police... from there he along with police went to kanhai village... nobody went to kalyani hospital... incorrect that in occurrence in village we were aggressors and caused various serious, severe injuries to the accused. Incorrect that fire arm injuries caused by Parvesh and vikas who had come on our calling in the Tata Safari... not mentioned a word regarding damage caused to tata safari belonging to parvesh... volunteered that i had not seen any of the villager causing to safari-know about that only on next day... didnt make any enquiry as to who had caused damage to safari... even till today dnt know who was responsible... Incorrect to suggest that fire arm injuries to parvesh not caused in the manner stated by me also incorrect that infact he was injured somewhere else by somebody else... incorrect to suggest that none of us had seen the injuries being caused to parvesh... incorrect that parvesh also received minor injuries in first occurrence... incorrect that im deposing falsely. By shri S.S Chauhan, adv. Of accused dated 10.02.2010 First incident which took place in kanhai was over by 10:45 PM.

Umkal hospital is at distance of 5/6 kms from kanhai. It took 20 min. In reaching umkal hospital.. parvesh and vikas had already reached there on their motorcycle. Dont know as to whether the motorcycle was taken into police custody or not. Dont know registration no. Of the vehicle... four assailants who arrived at umkal hospital came in white maruti car... disclosed the colour and name of car to police...confronted with Ex.PBnot recorded... wrong to suggest that service road in front of the main gate of umkal hospital might be 25/30 feet wide...incorrect to suggest that trees were there and im deposing falsely... green belt might be 25/30 feet in width instead of 50/60 feet... dont know about any source of light at the end point of green belt... volunteered that the place we were standing had source of light. I Reached for the first time at umkal hospital at around 11 PM... volunteered that we entered hospital after the firing of shots upon parvesh at about 11:15 PM... correct that when we got ML examination, we all were in emergency... volunteered- my father taken to ward then ICU- doctors met for the first time at 11:20 PMstarted ML examination upon me... wrong that i was bleeding profusely and was in the state of giddiness.. wrong that i disclosed to the doctor that i came to the hospital on my own... not disclosed- pawan & vinod brought me in hospital... DR. Examined me for 5/7 min.. vikas was also present there and MLR was prepared of mine and vikas... my father was not ML

Copy of statements of PW-19 Dr. Atul Murari dated 10.02.2010

Chief Dr. Avinesh Kumar singh, Junior resident- deptt. Of forensic medical Lady Hardinge Medical college and associated hospitals, New Delhi- expired during service on 10.08.2008.I have seen his handwriting Post mortem report of Amar singh same handwriting of Dr. Avinesh Kumar singh- Identify the same. Post mortem report is Ex.PL.- I have seen Inquest

examined in my presence... wrong that im intentionally concealing fact about my fathers ML examination. For the first time police (Surender, incharge PS Shushant lok) came in the hospital around 2:00 AM... surrender started recording my statement at around 2:00 AM and continued till 2:15 AM. Surrender had not prepared any site plan in my presence. When police came again around 4:30/5:00 PM then said Surender prepared site plan in my presence on my demarcation... wrong to suggest that surrender- prepared site plan correctly at my instancedemarcated by me. Vikas left emergency where he was ML examined after 5/7 min. I remained admitted in umkal hospital for days. Not disclosed the recording of my statement by police to vikas. Dont know whether statement of vikas- already recorded by police when vikas came with police around 4:30/5:00 AM in hospital. Incorrect- occurance at the time and place in front of hospital- narrated by mewrong... incorrect-after deliberation and consultation- i have named banti and suresh first time. Incorrect- have deposed falsely. CROSS-EXAMINATION By Defence counsel dt. 10.02.10

No personal knowledge of death of Amar singh

papers of Amar singh- Bears signatures of Dr. Avinash Kumar singh- Identify the same.. Inquest papers are Ex.PL/1 Caause of death has been mentioned in Post mortem report..

Copy of statements of PW-20 Dr. Narender Mal dt. 16.02.10

Statement of DW1 Dr. Vijay Divakar dt. 3.03.2010

CHIEF On 26.09.06-posted as Senior Regident in RML Hospital, Delhi prepared death summary of Amar singh vide order no. 34616 patient operated as an Emergency right frontal craniotomy & evacuation of hematoma contusion done(illegible) again deteriorated & developed cordiac repiratons arrest dt. 26.9.06..patient declared dead at 4.50 AM.death summary Ex.P1 same bears my signature was under treatment of Dr. L.N. Gupta- I was assitted during treatement.Treatment record Ex.PL/1 includes 2 X-raysbears my signatures- As per record cause of death was severe head injury. In my opinion 19.09.06 & 24.09.06- I declare patient not fit for making statement. Endorsment in this regard is Ex.PL/2 & Ex.PL/3 respectively. Chief Dr.Dheeraj Dubey RMO left the hospital without leaving any address

CROSS-EXAMINATION It is correct that word severe has been written in different inkincorrect - I have not assisted in treatment of patient.volunteer treamtment record there is my signature at various placesDr.LN gupta- still in hospital..incorrect I have personally nothing to do with treatment of patient.