CHARGE SHEET

District: South West Charge Sheet No Dated 2007

Police Station: Vasant Kunj, First Information Report No.815/07

dated: 28.11.2007

Name Name Names and Propert Name Charge or

address and address of y and informatio
and address accused persons (includi addres n-name
occupatio of sent for trial ng ses of and
n of accuse weapon witness offence
complain d s) es and
ant or persons found, circumstan
informant not sent with ces
up for particul connected
trial ars of with it, in
whether where concise
arreste and by detail and
d or not whom under
arreste found what
d and section of
includin whethe law
g r charged.
abscon forward
ders ed to 362 I.P.C.
(show Magistr
abscon ate
ders in
red ink)
In On
custody bail or
recogn
izance
1 2 3 4 5 6 7
Amarjit Parvinder As per As per
Malik S/o @ Moti Memo list
Sh. Raj S/o Sh.
Singh Rohtas
Malik R/o Malik R/o
C-51, B-48,
Third Masood
Floor, Pur,
Arjun Vasant
Nagar, Kunj,
Delhi. Delhi.

Sir,

The brief facts of the case are that on 28.11.2007 Sh. Prakash

Chand, Security Officer, Fortis Hospital, Vasant Kunj, Delhi

through telephone reported to Duty Officer P.S. Vasant Kunj,

Delhi about the admission of Varun Malik S/o Sh. Sukesh Malik

R/o C-6/6341, Vasant Kunj, Delhi after sustaining bullet injury

vide MLC No. 335/07. Duty officer P.S. Vasant Kunj lodged the

information in daily diary no. 37A and the entry entrusted to S.I.

Mahender Lal for further necessary action S.I. Mahender Lal

after receiving the D.D. entry reached at Fortis Hospital. He

found MLC No. 335/07 of Varun Malik S/o Sh. Sukesh Malik R/o

C-6/6341, Vasant Kunj, Delhi, age 21 years. He inspected the

MLC and found the remarks of doctor Two wound gun shot Rt

& Lt chest No breath sound and death declared at 20:41 hrs.

Amarjit Malik, complainant met him in the hospital and he go

this statement recorded to S.I. Mahender Lal. He stated that he

is in the business of import export. Today, 28.11.2007 at about

7.40 P.M>, he was present in Safdarjung Enclave. At that time

he received a call on his mobile number 9811210202 from Nitin

@ Tinu whom he identifies. He informed him that Moti has fired

on Varun. He and Sachin were shifting him to Fortis Hospital.

Immediately he also rushed towards hospital and within 15

minutes he reached at Forties Hospital. He found his cousin

Varun was being treated in the emergency of the Hospital. After

some time doctors declared his cousin dead. Doctor informed

him that Varun sustained bullet injury on the left side of chest.

Sachin S/o Gajender Singh who is also known to him informed

that Moti S/o Rohtas R/o Village Masood Pur, Delhi fired two

shots in B-10 Market, Nelson Mandela Road, Delhi and one of

them hit Varun. He further stated that Moti had fired on his

cousin with the intention to kill him. S.I. Mahender Lal from the

inspection of the MLC and from the contents of the statement of

Amarjit Singh found the commission of offence U/s 302 IPC. He

endorsed the statement and requested SHO / Vasant Kunj for

investigation. After registration of the present case the

investigation of the case was handed over to Inspector

Rajender Pal, SHO / Vasant Kunj, Delhi. Inspector Rajender Pal

during investigation of the case seized one empty case from the

scene of Crime i.e. near B-10 Market, Vasant Kunj, Nelson

Mandela Road. He seized the car bearing number DL9CN0111,

Honda City from the parking, in gate of Forties Hospital. The

vehicle, in which decased Varun was stated to be sitting at the

time of incident and later on after the incident shifted to hospital

by the same car. He also seized the blood stained clothes of

the deceased from the Forties Hospital. He also seized the

Mobile phone and the key of the car which were recovered by

the doctor from the possession of the deceased. He got the

postmortem of deceased Varun done in the Safdarjung

Hospital, New Delhi. He also seized the blood of gauze of the

deceased from the doctors of the Safdarjung Mortury. He also

recorded the statements of the witnesses. On 1.12.2007, the

investigation of the case was entrusted to Inspector Styaveer

Singh of P.S. Vasant Kunj, Delhi. On the same day an

application for surrender was moved by the accused person

Parvinder @ Moti in the court. Inspector Satyavir Singh after

permission of the court arrested the accused person Parvinder

@ Moti. He took the accused person on P.C. Remand. He

prepared the pointing out memo of the scene of the crime at the

instance of the accused person Parvinder @ Moti. He recorded

the confessional statement of the accused person that he had

given voluntarily.
He seized the weapon of offence which was recovered at the

instance of the accused person Parvinder @ Moti and prepared

the sketch of the weapon. Inspector Rajender Pal seized the

vehicle number DL9CN3313 at the instance of the accused

person Parvinder @ Moti, the vehicle which was used by the

accused person Parvinder @ Moti for escaping from the scene

of the crime. On 7.12.2007, the investigation of the case was

transferred to Crime Branch and investigation of the case was

entrusted to me at Anti Robbery Cell. I during investigation of

the case seized the clothes of the accused person at his

instance which he was wearing at the time of the incident. I

inspected the scene of the crime, prepare a site plan, got the

statement of P.W. recorded. The recovered weapon of offences,

empty cases, blood stained clothes, clothes of the accused

person, blood sample were sent to FSL, Rohini for experts

opinion and whose result is yet to be obtained. I collected the

call records of all the telephone numbers and photographs of

the scene. I recorded the statement of the witnesses U/s 161

Cr. P.C. which revealed that on that day Saching and Nitin were

together roaming in the area of Vasant Kunj in the car of Sachin

bearing no. DL9CN3313. At about 6 P.M. Varun the deceased

called from his cell phone number 9811072727 to Sachin on his

mobile phone number 9899990111 as to know his position and

asked him to come and meet him as he was standing near DPS

School, Vasant Kunj, Delhi. Thereafter he called Nitin on his

mobile number 9868028817 again to know his position and also

asked him the same after knowing that both were together.

Thereafter Varun was picked up from near the DPS School and

after parking Varuns car all started roaming in Sachins car.

Yashwant after coming from office in the evening came in

village Masood Pur for the grinding of wheat and he called

Yoginder. Yoginder who was in Vasant Kunj at that tie met him.

As it take some time in grinding both decided to have a round of

Vasant Kunj. Near Vasant Arcade they saw the car of Sachin.

They both went near the car after parking their car in front of

their car. They found Sachin, Nitin and Varun in the car. As they

also had some time hence it was decided to have a round of

Vasant Kunj with them in their car. They all five while roaming in

Vasant Kunj received a call on Sachins phone which was of

Moti. Varun picked up the phone and it was decided to meet

Moti who was waiting near Vasant Arcade. When they after

taking a round from the Vasant Vihar T point reached Vasant

Arcade, they saw Moti standing near the Vasant Arcade. After

formal greetings Moti brought out a pistol from his parked car

bearing no. DL9CN3313 and fired first in the air and thereafter

he pointed the pistol towards Varun and fired on him. He was

immediately shifted to nearby Forties Hospital where he was

declared dead. I conducted the interrogation of the accused

person Parvinder @ Moti. During interrogation interalia accused

person Parvinder @ Moti disclosed that after committing the

crime Amar @ Amit one of his friends helped him in escaping

and in hiding / disposing of the weapon of offence. It was also

disclosed that the accused person procured the weapon of

offence from the under trial lodged in Gurgaon Jail in various

murder cases, a resident of Village Kishan Garh, P.S. Vasant

Kunj, Delhi with whom he had childhood friendship. I.O. also

got a Production Warrant issued from the court for appearance

of the accused person Rajat Passi @ Doctor S/o Jaswant

Singh. He arrested the accused person Rajat Passi in the court.

During interrogation Rajat Passi disclosed that as he was

residing in Village Kishan Garh since his child hood he came in

contact of Parvinder @ Moti resident of Village Masood Pur,

Delhi. From Jail he was in his contact through mobile phones or

otherwise he used to meet him at his dates in Patiala House

Court. He possess four mobile phones during his tenure in Jail

bearing numbers 9250875915, 9210579556, 9212006181,

9212495723. Moti used to meet him in the courts dates and

was in contact with him through telephone. Sometimes he used

to call him through the telephones numbers of the other

inmates as there were many persons who posses the mobile

phones in the jail. About 4-5 months ago Parvinder @ Moti

requested him to arrange a pistol as he was in need of the

weapon to become superior of his friend circle. He at that time

spoken to Yusuf and through his contact he arranges a pistol for

him which was delivered by a man of Yusuf to Moti in Gurgaon.

Yusuf was also murdered in Mathura later on. I.O. recorded the

disclosure statement of the accused person Rajat Passi @

Doctor. Amar @ Amit S/o Master Jagroshan R/o Flat No. D-775,

Dharam Vihar Society, Sector-10, Dwarka, Delhi permanent

address 1031, Teachers Colony, Adarsh Nagar, Behind Jat

College, Muzzafar Nagar, U.P. is absconding, concealing

himself and avoiding to join the investigation. Efforts are being

made to arrest him and supplementary charge sheet will be

filed in the court after his arrest. Efforts are also being made to

procure the experts opinion from FSL, Rohini, Delhi on the

exhibits deposited in the lab. Same along with the sanction U/s

39 A. Act will also be submitted through supplementary challan

U/s 173(8) Cr. P.C. against Parvinder @ Moti and Rajat Passi

@ Doctor. I.O. also got tested the accused person Parvinder @

Moti for the Narco Analysis test of the at F.S.L., Bangalore. The

result of the same will also be submitted through suppl. challan

U/s 173(8) Cr. P.C. There are sufficient evidences against the
accused persons mentioned in column no. 3 for challan. It is,

therefore, prayed that the witnesses be summoned and the

accused persons mentioned in column no. 3 may be tried

accordingly.

Submitted please.
Sd/-
Insp/ARC
Crime Branch, Delhi
May go to court pl.
Sd/-27.2.2015
Asstt. Commissioner of Police
Crime Branch, Delhi.
 FINAL REPORT FORM

(Under Section 173 Cr.P.C)

IN THE COURT OF __________________________ DELHI

1. Distt: South P.S: Vasant Kunj Year: 2007 FIR: 815

Date: 28.11.07

2. Final Report/Charge Sheet No: 3 3. Date: 25.11.08

4. (i) Act-IPC Section: 302/201/212/109

(ii) Arms Act Section: 25/27/54/59

5. Type of final form/report: Charge Sheet/Not Charge Sheeted

for want of evidence/FR Undetected/FR Untraced/FR Offence

abated/FR un-occurred : Supplementary Charge Sheet.

6. If FR: Un- occurred , false/mistake of fact mistake of law/non-

cognizable/civil nature: N.A.

7. If Charge Sheet: Original/Supplementary: Supplementary

8. Name of the I.O.: Satish Sharma, Rank: Inspector No.D-3017

9.a Name of the complainant/informant :Sh. Amarjit Malik R/o C-

61, Third Floor, Arjun Nagar, Delhi.

b. Father/Husband Name: Sh. Raj Singh Malik

10. Detail of Properties Articles/Documents recovered /seized

during investigation and relied upon separate list can be

attached if necessary: As per the seizure memos.

Sl.No Property Estimated Property From whom/ Disposal
Description Value Register where
No. Recovered of
Seized
1 2 3 4 5 6
As per charge
sheet No.1

11. (a) Particulars of accused person charge sheeted: (Use separate

sheet for each accused)

(i) Name : Parvinder @ Moti whether verified: Yes

(ii) Fathers Name: Rohtash Malik

(iii) Date/Year of Birth/Age:

(iv) Sex: Male (v) Nationality: Indian

(vi) Passport No: Date of Issue: Place of issue:

(vii) Religion: Hindu (viii) Whether SC/ST: NA

(ix) Occupation: Unemployed

(x) Address: - B-48, Masood Pur, Delhi.

(xi) Whether verified: Yes (xii) Provisional Criminal no: NA

(xiii) Regular Criminal No. Nil (xiv) Date of arrest: 1.12.07

(xv) Date of release on bail: ________

(xvi) Date of which forwarded to court: _____________

(xvii) Under Acts & Sections: 302 IPC, 25/27 Arms Act

(xviii) Name(s) & Address of Bailers/Sureties:

(xix) Previous convictions with case references:

(xx) Status of the accused:

Forwarded/Bailed by Police/Bailed by Court/In judicial

custody/absconding/proclaimed Offender/not arrested:

In Judicial Custody.

11b) Particulars of accused person charge sheeted: (Use separate

sheet for each accused)

(i) Name : Rajat Passi @ Doctor whether verified: yes

(ii) Father's Name: Sh. Jaswant Singh

(iii) Date/Year of Birth/Age:

(iv) Sex: Male (v) Nationality: Indian

(vi) Passport No: Date of Issue: Place of issue:

(vii) Religion: Hindu (viii) Whether SC/ST:

(ix) Occupation: Unemployed

(x) Address: 55/9, Village Kishangarh, Delhi.

(xi) Whether verified: Yes (xii) Provisional Criminal no: N/A

(xiii) Regular Criminal No. (if known) : Nil

(xiv) Date of arrest: 7.2.08

(xv) Date of release on bail:

(xvi) Date of which forwarded to court:

(xvii) Under Acts & Sections: 109 IPC rw 25 Arms Act.

(xviii) Name(s) & Address of Bailers/Sureties:

(xix) Previous convictions with case references:

(xx) Status of the accused:

Forwarded/Bailed by Police/Bailed by Court/In judicial

custody/absconding/proclaimed Offender/not arrested:

In Judicial Custody.

11(c) Particulars of accused person charge sheeted: (Use separate

sheet for each accused)

(i) Name : Amar @ Amit whether verified: Yes

(ii) Father's Name: Sh. Jag Roshan

(iii) Date/Year of Birth/Age:

(iv) Sex: Male (v) Nationality: Indian

(vi) Passport No: Date of Issue: Place of issue:

(vii) Religion: Hindu (viii) Whether SC/ST: NA

(ix) Occupation: Unemployed

(x) Address: - 1031, Teachers Colony, Adarsh Nagar, Muzaffar

Nagar, U.P.

(xi) Whether verified: Yes (xii) Provisional Criminal no: N/A

(xiii) Regular Criminal No (if known): Nil

(xiv) Date of arrest: NBW issued for arrest

(xv) Date of release on bail:

(xvi) Date of which forwarded to court:

(xvii) Under Acts & Sections: 201/212 IPC

(xviii) Name(s) & Address of Bailers/Sureties:

(xix) Previous convictions with case references:

(xx) Status of the accused:

Forwarded/Bailed by Police/Bailed by Court/In judicial

custody/absconding/proclaimed Offender/not arrested: Arrested and

supplementary charge sheet is being filed against him.

12. Particulars of accused person not charge sheeted (suspect)

(Separate sheet for each suspect) :

13. Particulars of witness to be examined: As per attached list.

S.No Name Father Date Occu Address Type of

. s / patio evidence
Husba Year n tendered
nds of
Name birth
1 2 3 4 5 6 7
1. D.S. Govt. Asst. To prove
Malini Servi Director, the Narco
ce Forensic Analysis
Psychology examinatio
Division, n report
Forensic No.FSL/23
Science 5/318/FPS/
Laboratory, 07 dated
Madivala, 20.5.08
 Bangalore and
Polygraph
examinatio
n report
No.FSL/12
8/318/PLG/
07 dated
20.2.08.

2. Sh. Govt. Senior To prove

Naresh Servi Scientific Biology
Kumar ce Asstt. report
(Biology), No.FSL-
Forensic 2007/B-
Science 4581/Bio
Laboratory No.1275/2
Sec-14, 007 dated
Madhuban 16.4.08.
Chowk,
Rohini,
Delhi.

3. Sh. K.C. Govt. Senior To prove

Varshne Servi Scientific Ballistic
y ce Officer examinatio
(Ballistics), n report
Forensic No.FSL-
Science 2007/B-
Laboratory 4581/147-
Sec.-14, Ba/2008
Madhuban dated
Chowk, 10.6.08.
Rohini,
Delhi.
4. Sh. Govt. Deputy To prove
Neeraj Servi Commission the
Thakur ce er of Police/ sanction
Crime & u/s 39
Railways, Arms Act
PHQ, MSO accorded
Building, I.P. vide
Estate, No.62/SO/
Delhi. DCP/C & R
dated
24.9.08.

5. Nodal Servi C-45, Okhla To prove

Officer, ce Industrial the C.A.
Vodafon Area, Form
e Phase-2 No.989999
011 &
981107272
7

6. MLO, Govt. MLO, To prove

Transpor Servi Transport the
t ce Authority, ownership
Authority Mall Road, of DL-9C-
Delhi. H-0111.

7. MLO, Govt. MLO, To prove

Transpor Servi Transport that Varun
t ce Authority, had gone
Authority Palam, with Sachin
Delhi. and Nitin

8. Smt. Sh. Hous C-6/6341, I.O.

Madhu Sulekh e Vasant Kunj,
 Malik Malik Wife New Delhi.

9. Insp. Govt. Inter State

Satish Servi Cell, Crime
Sharma ce Branch,
Chanakya
Puri, New
Delhi.

14. If F.R is false, indicate action taken or proposed to be taken

u/s 182/211IPC: N.A.

15. Result of laboratory Analysis: enclosed.

16. Brief facts of the Case (Add separate sheet, if necessary

Sir,

This is in continuation of Charge Sheet and thereafter

supplementary charge sheet filed in this case. It is further

submitted that the result of the Narco Analysis Test and

Polygraph examination conducted upon the accused person

Parvinder @ Moti have been received from Forensic Science

Laboratory, Madivala, Bangalore vide their letter no.

FSL/235/318/FPS/07 dated 20.5.2008 and

FSL/128/318/PLG/07 dated 20.2.2008. I have also collected

FSL examination report from Forensic Science Laboratory,

Govt. of NCT of Delhi, Sect-14, Rohini, Delhi through their

forwarding letter no. FSL-2007/B-4581/2126 dated 16.4.2008

and report no. FSL-2007/B-4581/147-Ba/2008 dated 10.6.2008.

A sanction u/s 39 Arms Act for the prosecution of Parvinder @

Moti and Rajat Passi @ Doctor has also been obtained. I also

collected Customer Agreement Form of phone no. 989999011

of Sachin and 9811072727 of Varun from Vodafone. The

records of vehicle No. DL-9C-H-0111 and DL-9C-N-3313 have

also been procured from Transport Authority. I also recorded the

statement of Madhu Malik W/o Sh. Sulekh Malik, mother of

deceased Varun Malik u/s 161 Cr. P.C. who stated in her

statement that Sachin and Nitin on the day of incident had

visited their house and had taken Varun with them. She

suspects the hand of Sachin and Nitin in the incident. The

suspicion of Smt. Madhu Malik has also been verified through

interrogation of suspects, Narco analysis test of Parvinder @

Moti and Polygraph test of Sachin. Accused person Amar @

Amit s/o Master Jag Roshan, against whom there were

evidences of harbouring Parvinder @ Moti and destruction of

evidence has also been arrested and a separate supplementary

charge sheet is being filed against him. It is prayed that the

witnesses be summoned and accused persons may be tried.

17. Refer Notice Served: Yes/ No Date..

(Acknowledgment to be placed)
18. Dispatched on

Sd/-25.11.08
Signature of the IO submitting the
Final Report or Charge Sheet
Name: Satish Sharma
Rank: Insp. No.: D-3017

Signature of the officer-in-charge

Of Police Station (SHO),
Name..
Rank No

Fowarded by the ACP / Sd/-30.11.2008

Name: Sh. Sanjay Tyagi, ACP
Sub-Division/Cell: Anti Robbery Cell

Asstt. Commissioner of Police

Crime Branch, Delhi.
 Supplementary Charge Sheet

District: South West Charge Sheet No Dated

Police Station: Vasant Kunj, First Information Report No.815/07

dated: 28.11.2007

302 IPC, 25, 27 A. Act, 109 IPC

Name address and 1 Amarjit Malik S/o Sh. Raj Singh

occupation of complainant or Malik R/o C-51, Third Floor,

informant Arjun Nagar, Delhi.

Name and address of 2 Sd/- 7.4.08

accused persons not sent up

for trial whether arrested or

not arrested including

absconders (show

absconders in red ink)

Names and In Custody 3 Rajat Passi S/o Sh. Jaswant

address of Singh R/o 55/9, Village Krishan

accused Garh, P.S. Vasant Kunj, Delhi.

persons sent
On bail or 4
for trial
recognizance
Property (including weapons) 5 As per memo

found, with particulars of

where and by whom found

and whether forwarded to

Magistrate
Name and addresses of 6 As per list

witnesses
Charge or information-name 7 Sir,

and offence and In continuation of the charge

circumstances connected sheet filed in this case, it is
with it, in concise detail and
submitted that the accused
under what section of law
person Parvinder @ Moti who
charged.
fired on the deceased Varun

Malik was arrested in the

109 I.P.C., 25/54/59A.Act
present case. During

interrogation inter alia

accused person Parvinder @

Moti disclosed that the

accused person procured the

weapon of offence from one

of the under trial lodged in

Gurgaon Jail in various

murder cases, a resident of

Village Kishan Garh, P.S.

Vasant Kunj, Delhi with whom

he had childhood friendship. I

got a Production Warrant

issued from the court for

appearance of the accused

person Rajat Passi @ Doctor

 S/o Jaswant Singh in Delhi

Court. I arrested the accused

person Rajat Passi in the

court. During interrogation

Rajat Passi disclosed that as

he was residing in Village

Kishan Garh since his

childhood he came in contact

of Parvinder @ Moti resident

of Village Masood Pur, Delhi.

From Jail he was in his

contact through mobile

phones or otherwise he used

to meet him at

his dates in Patiala House Court. He possesses four mobile

phones during his tenure in Jail bearing numbers 9250875915,

9210579556, 9212006181, 9212495723. Moti used to meet him

in the courts dates and was in contact with him through

telephone. Sometimes he used to call him through the

telephones (mobile) of the other inmates, as there were may

under trials who posses the mobile phones in the Gurgaon Jail.

About 4-5 months ago Parvinder @ Moti requested him to

arrange a pistol as he was in need of the weapon to become

superior in his friend circle. He at that time spoken to Yusuf and

through his contact he arranges a pistol for him which was

delivered by a man of Yusuf to Moti in Gurgaon. The scrunity of

the call details of the above mentioned numbers revealed that

the accused person Parvinder @ Moti and Rajat Passi were in

contact with each other through mobile phones. Gurgaon

administration conducted raid in the Gurgaon Jail on 29.12.07

and many mobiles were recovered from the jail inmates. A

mobile was also recovered from the possession of Rajat Passi.

From the scrunity of the cell I.D. of the mobile phone numbers

disclosed by the accused person Rajat Passi, the position of

the cell was found of South City-2, Gurgaon and Badshahapur

in the area of Gurgaon. From the investigation so far conducted

the accused person Rajat Passi was found in contact through

mobile phones with Parvinder @ Moti. There are sufficient

evidences against Rajat Passi to prove that he abetted the

offence. Efforts are also being made to procure the experts

opinion from FSL, Rohini, Delhi on the exhibits deposited in the

lab. Same along with the sanction U/s 39 A. Act will also be

submitted through supplementary challan U/s 173(8) Cr. P.C.

against Parvinder @ Moti and Rajat Passi @ Doctor. I also got

tested the accused person Parvinder @ Moti for the Narco

Analysis test at F.S.L., Bangalore interalia to confirm the source

of weapon. The result of the same will also be submitted

through suppl. challan U/s 173(8) Cr. P.C. NBW against Amar

@ Amit has also been obtained from the court and efforts are

being made to arrest him. There are sufficient evidences

against the accused person mentioned in column no. 3 for

challan u/s 109 IPC, 25/54/59A A. Act. It is, therefore, prayed

that the witnesses be summoned and the accused persons

mentioned in column no. 3 may be tried accordingly.

Sd/-
Insp/AAJS
Crime Branch
Forwarded to court pl.
Sd/-
7.4.2008
ACP/ARC

Asst. Commissioner of Police

Anti. Railways Cell,
Crime Branch, Delhi.
 FINAL REPORT FORM

(Under Section 173 Cr.P.C)

IN THE COURT OF __________________________ DELHI

1. Distt: South P.S: Vasant Kunj Year: 2007 FIR: 815

Date: 28.11.07

2. Final Report/Charge Sheet No: 4 3. Date: 25.11.08

4. (i) Act-IPC Section: 302/201/212/109

(ii) Arms Act Section: 25/27/54/59

5. Type of final form/report: Charge Sheet/Not Charge Sheeted

for want of evidence/FR Undetected/FR Untraced/FR Offence

abated/FR un-occurred : Supplementary Charge Sheet.

6. If FR: Un- occurred , false/mistake of fact mistake of law/non-

cognizable/civil nature: N.A.

7. If Charge Sheet: Original/Supplementary: Supplementary

8. Name of the I.O.: Satish Sharma, Rank: Inspector No.D-3017

9.a Name of the complainant/informant :Sh. Amarjit Malik R/o C-

61, Third Floor, Arjun Nagar, Delhi.

b. Father/Husband Name: Sh. Raj Singh Malik

 10. Detail of Properties Articles/Documents recovered /seized

during investigation and relied upon separate list can be

attached if necessary: As per the seizure memos.

Sl.No Property Estimated Property From whom/ Disposal

Description Value Register where
No. Recovered of
Seized
1 2 3 4 5 6

1. Mobile Phone 3,000/- 19 Recovered

Soni Erriccsion from accused
IMEI No. person Amit
357858001202 Kumar
27

11. (a) Particulars of accused person charge sheeted: (Use separate

sheet for each accused)

(i) Name : Amar @ Amit Whether verified: Yes

(ii) Fathers Name: Sh. Jag Roshan

(iii) Date/Year of Birth/Age: 25 years

(iv) Sex: Male (v) Nationality: Indian

(vi) Passport No:E1745274, Date of Issue:24.5.2002

Place of issue: Delhi.

(vii) Religion: Hindu (viii) Whether SC/ST: NA

(ix) Occupation: Unemployed

(x) Address: - 1031, Teachers Colony, Adarsh Nagar, Muzaffar

Nagar, U.P.

(xi) Whether verified: Yes (xii) Provisional Criminal no: NA

(xiii) Regular Criminal No. (if known): Nil

(xiv) Date of arrest: 24.11.08

(xv) Date of release on bail: 25.11.08

(xvi) Date of which forwarded to court: _____________

(xvii) Under Acts & Sections: 201/212 IPC.

(xviii) Name(s) & Address of Bailers/Sureties:

(xix) Previous convictions with case references:

(xx) Status of the accused:

Forwarded/Bailed by Police/Bailed by Court/In judicial

custody/absconding/proclaimed Offender/not arrested: Arrested and

on bail.

12. Particulars of accused person not charge sheeted (suspect)

(Separate sheet for each suspect) :

13. Particulars of witness to be examined: As per attached list.

S.No Name Father Date Occupa Address Type of

. s / tion evidence
Husba Year tendered
nds of
Name birth
1 2 3 4 5 6 7
1. Sh. Sh. Service R/o RZD- To prove
Sanjay Bhopal 70/3, the seizure
@ Singh Mahavir of mobile
Bhagat Enclave, phone from
Singh Delhi. Amit
Kumar.

2. H.C. Govt. Inter State To prove

Azad Service Cell, disclosure,
Singh Chankya pointing
No.322/ Puri, out,
DRP, Crime seizure of
PIS Branch, mobile
Delhi. phone,
arrest.

4. Sh. S.L. Preside A-325, To prove

Gambhir nt Dharam the
Vihar possession
Society, of the flat
Sec-10, No.D-775
Dwarka,
Delhi.

3. Insp. Govt. Inter State I.O.

Satish Service Cell,
Sharma Crime
Branch,
Chanakya
Puri, New
Delhi.
14. If F.R is false, indicate action taken or proposed to be

taken u/s 182/211IPC: N.A.

15. Result of laboratory Analysis: -

16. Brief facts of the case (Add separate sheet, if necessary

Sir,

This is in continuation of Charge Sheet and thereafter 2

supplementary Charge Sheets filed in this case. It is further

submitted that the accused person Amit Kumar @ Amar who

was absconding and against whom NBW was issued by the

Honble Court was arrested in the case on 24/11/08. During

investigation he interalia disclosed that after shooting Varun,

Parvinder @ Moti contacted him on his mobile phone no.

9891290516 through his mobile no. 9899990366. Thereafter

Parvinder @ Moti met him in Dwarka and they remained in his

Flat No. 775, Dharam Vihar Society, Sec-10, Dwarka. They

planned and after discussing the situation both of them flee

from Delhi for Jaipur they remained in Jaipur on 29.11.08 and

on the night of 29/30.11.08 returned back. Both of them hide the

weapon of offence i.e. pistol which was being used for shooting

Varun by Parvinder @ Moti on 28.11.07, in the bushes near Air

Force Technical Area. Accused person Amit Kumar @ Amar got

the place where the weapon was concealed pointed out. I

prepared the pointing out memo. I also got the mobile phone

recovered at the instance of accused person Amar @ Amit

which was being used for conversation during that period. The

scrutiny of mobile phone call details of Parvinder @ Moti

(9899990366) and of Amar @ Amit (9891290516) is also

conducted and the location of both during that period was found

together i.e. in Rajasthan. Accused person Amar @ Amit s/o

Master Jag Roshan against whom there are evidences of

harboring (212 IPC) Parvinder @ Moti and destruction of

evidences (201 IPC) is being challan. It is prayed that the

witnesses be summoned and accused person may be tried.

17. Refer Notice Served: Yes/ No Date..

(Acknowledgment to be placed)

18. Dispatched on

Sd/-
Signature of the IO submitting the
Final Report or Charge Sheet
Name: Satish Sharma
Rank: Insp. No.: D-3017

Signature of the officer-in-charge

Of Police Station (SHO),
Name..
Rank No

Forwarded by the ACP / Sd/-17.2.2009

Name: Sh. Sanjay Tyagi, ACP / ARC
 GOVERNMENT OF KARNATAKA

FORENSIC SCIENCE LABORATORY

Madivala, Bangalore

POLYGRAPH EXAMINATION REPORT

No. FSL/128/318/PLG/07 20th February 08

To,
The Deputy Commissioner of Police
Crime & Railways
Delhi.

1. Ref: FIR No. 815/07 dated 28.11.07 (Murder case).

2. Details of Forwarding Memo: The above referred case

was forwarded by the DCP, Crime & Railways, Delhi in a

case of Vasant Kunj PS, Delhi vide Ref. No. 8931-

32/SO/DCP/C&R/(DA-I) dated 17.12.07 to conduct

polygraph examination on one person.

3. Appointment: The date of examination of this case was

fixed for 14th to 19th February 2008.

4. Forensic expert: Dr. S. Malini, Asst. Director, Forensic

Psychology Division, has completed her Ph.D in Clinical

psychology and has the experience of handling more than

3000 suspects till date. She has completed a special

course from Calagry University, Canada for handling

persons in the state of trance (Narco analysis). She has

 developed the Brain mapping technology for the first time

in India and has examined more than 2000 suspects and

has furnished the reports in the same.

5. Presentation of facts / issues of the case by the

Investigating Agency / Representative and finalization of

issues: The details of the case were sent at the time of

registration of the case at FSL, Bangalore of the case

focusing on the requirement of the Polygraph examination

in detail.

6. Issues to be probed: The broader issue to be probed from

the subject emerged as follows:

a) Whether he is actually involved in crime or the act

was done accidently under reference?

7. Details of the person subjected to the Polygraph

examination:

Sl. No. Name Status Whether in Date of

PC / JC examinatio
n

1) Mr. Parvinder Suspect Yes 19.02.08

@ Moti

8. Polygraph Examination Procedure:

8.1 Pre-Test Interview: The pre-test interviews of the subjects

were conducted prior to actual Polygraph examination on

the dates as mentioned in the paragraph 7 of this report.

The objective of Pre-test interview was to remove

unfounded fears, if any, regarding the polygraph

examination from the mind of the subjects and to built up

a proper psychological set in them to facilitate proper

recording of their physiological parameters on the

Polygraph equipment. The general nervousness,

personality, general mental status and the language

spoken and understood by the subjects were also

assessed during the Pre-test interview. During the pre-

test interview the purpose of the examination, the working

of the Polygraph equipment, their legal and constitutional

rights to refuse to undergo the Polygraph examination

were explained to them and when they volunteered to

take the Polygraph examination, they signed a written

informed consent form. Before signing they were asked to

read the contents of the informed consent form.

8.2 Personal profile: On the basis of Pre-test interview of the

subjects, their personal profile emerged as follows:-

8.2.1 Mr. Parvinder @ Moti aged 21 yrs. He was a student of

12th Std. On inquiring he did not report any medical

 problem at the time of examination. He accepts the crime

under reference and reports that the gun which he was

possessing was fire accidently.

8.3 Questionnaire formulation: The questionnaire were

formulated on the basis of the facts of the crime and the

new facts (if any) evolved out of Pre-test interview of the

suspects. For formulating the questionnaire, the Control

Question Technique was used. The questionnaires

consisted of a mix of irrelevant, control and relevant

questions (related to crime under investigation). The

questionnaire was formulated for the Polygraph

examination of each suspects.

8.4 Polygraph examination: The Polygraph examination of the

subjects was conducted on the dates as mentioned in

paragraph 7 of this report. The subject was familiarized

with the equipment and necessary instructions were given

to him. Two Pneumo tubes (one on the chest and another

on abdomen) to record respiration; one blood pressure

cuff on the arm to record the blood pressure, pulse rate;

and two electrodes (one on the ring finger and one on the

forefinger) to record the galvanic skin reflex were

attached to the subject for Polygraph examination.

Initially, the normal physiological parameters of the

 subject were recorded prior to the .illegible. of the

questionnaire. After recording the normal physiological

.illegible. the questionnaire were reviewed with the

subjects and the subjects .illegible. to answer the

question in Yes or No. The review of the .illegible.

revealed that the subjects were able to understand the

questions .illegible. were able to answer categorically

in Yes or NO to all questions .illegible.

physiological response (in order to assess whether the

introduction of question has affected the physiological

recordings) was recorded. All the questionnaire were

administered three times. Each question was asked after

a gap of 25 seconds. After 3 administrations of all the

questionnaire, the subjects were informed that

examination was over and only recording will be done

without asking questions for some time. Finally, normal

recording of the physiological functions of the subjects

were recorded. The accessories of the Polygraph

equipment were removed from the subjects.

a. Post Test Interview: During post-test interview, the subject

signature was obtained on all the charts and

questionnaires administered on him. After the Polygraph

examination was concluded, the subject was given an

 opportunity to account for deviations evidenced in the

Polygrams recorded from them. The subject did not

disclose anything different from what he had already

stated.

9. Polygraph Assessment

9.1 Mr. Parvinder @ Moti

The Polygraph examinations of Mr. Parvinder @ Moti was

conducted on 19.2.08. During the Polygraph examination,

Mr. Parvinder @ Moti was asked the questions which

included the relevant (crime related) issues. The relevant

issues and the answers given by Mr. Parvinder @ Moti

were as follows:-

Issues Answer

i. Is it true that on the day of the incident Yes

you were in the club whole day?

ii. Is it truth that while returning from the Yes

club you saw Sachin going in the

opposite direction?

iii. Is it true that Sachin had called you over Yes

phone?

iv. Is it true that you had got a desi pistol Yes

two months back?

v. Is it true that the desi pistol was given to Yes

 you by Dr. Rajat?

vi. Is it true that you had kept the pistol in Yes

the car dikki below the stepny tyre?

vii. Is it true that you had shown the pistol to Yes

Varun?

viii. Is it true that you had fired one bullet in Yes

the air?

ix. Is it true that Varun tried to snatch the Yes

gun from you?

x. Is it true that during the tussle the gun Yes

fire accidentally?

xi. Is it true that Varun died accidentally? Yes

xii. Is it true that you did not had any Yes

intention to murder Varun?

xiii. Is it true that you were paid to murder No

Varun?

xiv. As informed to you, did you murder No

Varun?

xv. Is it true that you are not responsible for No

the murder of Varun?

Opinion

One the basis of Polygraph examination and analysis of

Polygraph, the following opinion has been formulated in respect

of Mr. Parvinder @ Moti.

The analysis and evaluation of Polygraph revel no signs of

deceptive responses on the issues no. (i) to (xv) which

indicates Mr. Parvinder @ Moti is not deceptive in his

responses and has the knowledge of the crime under

reference.

Sd/-
Dr. S. Malini
Asst. Director
Forensic Psychology Division
FSL, Bangalore-68

No/FSL/128/318/PLG/2007 29.5.08

Encl: as above

Forwarded: Receipt of the same may please be acknowledged.

Sd/-
Director
Forensic Science Laboratory
Madiwala, Bangalore-68
 IN THE SUPREME COURT OF INDIA
(CRIMINAL APPELLATE JURISDICTION)

SPECIAL LEAVE PETITION

S.L.P.(Crl.) No._____ of 2015

IN THE MATTER OF:

Parvinder @ Moti Petitioner

Versus

State of N.C.T. of Delhi Respondent

AFFIDAVIT

I, Parvinder @ Moti S/o Sh. Rohtash Malik, aged 29 years, R/o

B-48, Masoodpur, Vasant Kunj, New Delhi, do hereby solemnly

affirm and declare as under:-

1. That I am the petitioner in the above noted case and as

such am fully conversant with the facts of the case and

competent to depose the present affidavit.

2. That the contents of List of Dates and Events (Page

nos.____ to ___ ), Special Leave Petition paras No.1 to

___ (Pages nos.___ to ___ ) and Crl.MAs Pages ____ to

_____) have been drafted by my counsel under my

instruction and the averments made therein are true and

correct.
3. That the annexures (page nos.___ to ____) are true

copies of

their respective originals.

Deponent

Verification:-
Verified at New Delhi on this _____ day of October, 2015, that

the contents of my above affidavit are true and correct to my

knowledge and belief and nothing has been concealed

therefrom.

Deponent
 IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL.A. 292/2014

PARVINDER @ MOTI ..... Appellant

Through Mr. R.N. Mittal, Sr. Advocate

with Mr. Arvind Malik and Abhishek Goyal,
Advocates.

Versus

STATE ..... Respondent

Through Mr. Varun Goswami, Additional

Public Prosecutor.

Mr. Sidharth Luthra, Sr. Advocate with

Mr. L.K. Verma, Ms. Supriya Juneja and
Mr. Viraj Gandhi, Advocates for the
complainant.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

ORDER

14.01.2015

Crl.M.A. 9374/2014

This is an application under Section 391 of the Code of Criminal

Procedure, 1973 for placing on record Crl.M.C. 1972/2008,

Madhu Malik and Another Vs. The State, as additional evidence

and the same should be exhibited through Amarjeet Malik (PW-

3).

During the course of hearing of this application, learned senior

advocate appearing for the appellant/applicant on instructions

states that he would only press for taking on record orders dated

11th August, 2009, 16th September, 2009 and 13th December,

2010. He states that he is not pressing for any other relief.

Enclosed with the application are true copies of the aforesaid

orders. Certified copy of the said orders have not been filed with

the

application.

Learned Additional Public Prosecutor appearing for the State

submits that in principle, he would not oppose the aforesaid

judicial

orders being placed on record but the effect thereof has to be

examined by the Court. He states that he has not verified whether

copy of the orders dated 11th August, 2009, 16th September,

2009 and 13th December, 2010 placed on record are true copy of

the original.

At the request of the learned Additional Public Prosecutor and

counsel for the appellant/applicant, we allow them to inspect the

records of Crl.M.C. 1972/2008 today itself in the Court. The said

file will be sent to the Court.

Let the said file be inspected and relist the application at 2.15

P.M.

SANJIV KHANNA, J.

ASHUTOSH KUMAR, J.

JANUARY 14, 2015/NA

2.15 P.M

The relevant Court file has been seen by the learned Additional

Public Prosecutor for the State and he submits that the copy of

orders

dated 11th August, 2009, 16th September, 2009 and 13th

December, 2010 annexed with the application are the same and

true copy as per the original records.

In terms of the statement made by the counsel for the

appellant/applicant and the Additional Public Prosecutor, true copy

of

orders dated 11th August, 2009, 16th September, 2009 and 13th

December, 2010 are taken on record and collectively marked as

Exhibit HC/1. We clarify the legal and factual inference and the
effect of the said orders is a different aspect, which will be

examined at the time of final hearing/decision.

The application is disposed of.

SANJIV KHANNA, J.

ASHUTOSH KUMAR, J.

JANUARY 14, 2015

 IN THE HIGH COURT OF DELHI AT NEW DELHI

11.8.2009

Present: Mr. S.Luthra, Sr.Adv. with Mr.Anurag Ahluwalia, Adv.

for the petitioner.
Mr. Pawan Bahl, APP for the State.

Crl. M.C. No. 1972/2008

1. Learned Senior counsel for the petitioner has contended

that the petitioner shall feel satisfied in case the SHO/IO

of the P.S. concerned who are present in Court in

response to the last order look into the grievance of the

petitioners as enunciated in para 2.14 page 5 of the

petition and in Ground G,M and N.

2. It has been contended by the learned APP that despite

the fact that charge sheet has already been filed, the

petitioners will have no objection in revisiting the matter

afresh in the light of the averments made in the aforesaid

paragraphs and file a status report. It has been assured

by the learned APP that if at all any corrective steps have

to be taken, the needful be done.

3. List on 16.9.2009.

4. The IO will be present on the next date.

V.K. SHALI, J.
AUGUST 11, 2009
 IN THE HIGH COURT OF DELHI AT NEW DELHI

16.9.2009

Present: Mr. Siddharth Luthra, Sr. Adv. with Mr. Anurag

Ahluwalia, Adv. for the petitioners.
Mr. Pawan Bahl, APP for the State.

Crl. M.C. No. 1972/2008

1. The learned senior counsel for the petitioners seeks

sometime to file the response to the status report in

response to the order dated 11th August, 2009. It has been

further pointed out that there is a specific averment in the

paras under reference with regard to the relationship

between the accused person and Mr. P.S. Mann, Inspector,

Mr. Satya Vir Singh, Additional SHO and Mr. Ranvir

Singh, Inspector, however the status report does not refer to

the same at all. The learned APP is directed to file an

affidavit of the SHO concerned regarding the factum as to

whether these three persons were related to any of the

accused persons or not and the relationship thereto should

also be indicated.

2. List on 28th October, 2009.

V.K. SHALI, J.

SEPTEMBER 16, 2009

KP
IN THE HIGH COURT OF DELHI AT NEW DELHI

13.12.2010

Present: None for the petitioner.

Mr. R.N. Vats, APP for the State / respondent.

Crl. M.C. 1972/2008

None is present for the petitioner even on the second call.

Dismissed for non prosecution.

(Ajit Bharihoke)
Judge
December 13, 2010
ks