As per case facts, the appellants were convicted for the murder of a District & Additional Sessions Judge who was struck by an auto-rickshaw during his morning walk, resulting in ...
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CR. APPEAL (DB) NO. 1578 OF 2022 1
Criminal Appeal (DB) No. 1578 of 2022
(Against the judgment and order of conviction and sentence
dated 28.07.2022 (sentence passed on 06.08.2022)
passed by Sri Rajni Kant Pathak, learned Special Judge
CBI, Dhanbad in S.T. Case No. 206 of 2021)
1. Lakhan Kumar Verma @ Lakhan Verma , S/o Late
Triveni Verma, R/o Digwadih 12 Number, BSNL
Exchange office, Sonarpatti, P.O. & P.S.- Jorapokhar,
Dist.- Dhanbad.
2. Rahul Kumar Verma @ Rahul Verma , S/o Naresh
Saw, R/o Digwadih 12 Number, Mahavir Talkies,
Sonarpatti, P.O. & P.S.- Jorapokhar, Dist.- Dhanbad.
... Appellants
Versus
Union of India through CBI … Respondent
----
PRESENT
HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY
HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
----
For the Appellant(s) : Mr. Sabyasanchi, Adv.
For the CBI : Mr. Prashant Pallav, Sr. Adv.
----
CAV On : 22/04/2026 Pronounced On : 14/07/2026
JUDGEMENT
Per Rongon Mukhopadhyay, J. :
1. Heard Mr. Sabyasanchi, learned counsel for the
appellants and Mr. Prashant Pallav, learned senior counsel
for the CBI.
2. This appeal is directed against the judgment and
order of conviction and sentence dated 28-07-2022 (sentence
passed on 06 -08-2022) passed by Sri Rajni Kant
Pathak, learned Special Judge CBI, Dhanbad in connection
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with S.T. Case No. 206/2021, whereby and whereunder, the
appellants have been convicted for the offences under
Sections 302/34 and 201/34 IPC and have been sentenced
to undergo rigorous imprisonment for life without any
remission and commutation till their last breath along with
a fine of Rs. 20,000/- and in default in payment of fine, to
undergo simple imprisonment for one year under Section
302/34IPC. They have further been sentenced to undergo
rigorous imprisonment for seven years along with the fine of
Rs. 10,000/- for the offence under Section 201/34 IPC and
in default in payment of fine, to undergo simple
imprisonment for six months. Both the sentences were
directed to run concurrently.
3. The prosecution case arises out of a written report
submitted by Kritee Sinha in which it has been stated that
on 28-07-2021 at 05:00AM, the husband of the informant,
namely, Uttam Anand , District & Additional Sessions
Judge-VIII had gone out for a morning walk and even after
expiry of a considerable length of time when he did not
return, a search was made and it came to light that the
husband of the informant was taken by the locals in an
injured condition to Shaheed Nirmal Mahto Medical College
& Hospital (hereinafter referred to as SNMMCH). In the
meantime, a video was seen circulating in the mobile from
which it could be deciphered that an auto rickshaw driver
had deliberately collided against the husband of the
informant as a result of which, he died.
Based on the aforesaid allegations, Dhanbad P.S.
Case No. 300/2021 was instituted against an unknown auto
rickshaw driver under Section 302 IPC. Initially, the
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investigation was conducted by the Dhanbad Police, but
subsequently a Special Investigation Team was constituted
by the orders of the Director General of Police vide Order
No. 182/NGO dated 29-07-2021. However, in view of the
gravity of the offence, the Government of Jharkhand directed
to hand over the investigation to the Central Bureau of
Investigation vide Memo No. 2715 dated 30 -07-2021.
Thereafter, the Government of Jharkhand, Department of
Home Prison and Disaster Management vide Notification No.
10/CBI/410/2021/ 2075 dated 30 -07-2021 conveyed its
consent for transfer of investigation of Dhanbad P.S. Case
No. 300/2021 to CBI. Notification F. No. 228/47/2021-AVD-
II dated 04-08-2021 was issued by the DOPT, Govt. of India
on 04-08-2021. Pursuant to the aforesaid notification on
04-08-2021 itself, the CBI re-registered the case vide
RC 048 2021 S 0005 dated 04-08-2021 under Section 302
IPC in CBI Special Crime-I, New Delhi for investigation into
Dhanbad P.S. Case No. 300/2021 under Section 302 IPC.
On completion of investigation, charge sheet was submitted
bearing No. 08/2021 dated 20 -10-2021 against Lakhan
Kumar Verma and Rahul Kumar Verma under Section 302,
201/34 IPC after which cognizance was taken and the case
was committed to the Court of learned Special Judge, CBI,
Dhanbad where it was registered as S.T. No. 206/2021.
Charge was framed against the accused under Section
302/34 and 201/34 IPC which was read over and explained
to the accused in Hindi to which they pleaded not guilty and
claimed to be tried.
4. The prosecution has examined as many as fifty
eight (58) witnesses in support of its case:
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P.W.1 Dr. Vivek Bhaskar is an Assistant Professor
in SNMMCH, Dhanbad who has stated that on 28 -07-2021,
he was on duty from 07:00AM to 02:00PM at SNMMCH,
Dhanbad and he had relieved Dr. Sudhanshu Mishra who
was on night duty in the Emergency Ward. At the time of
relieving, Dr. Sudhanshu Mishra had told him that there is
a serious patient with head injury admitted in the hospital
and had asked him to take care of the patient. He had visited
the Surgical Intensive Care Unit (SICU)-05 where the patient
was admitted and where he found that there was bandage on
the head of the patient and he was in a serious condition and
was unconscious. The patient was intubated. There was no
response in the patient. The intubation was done by
Dr. Vinit. He had seen the notes on Bed Head Ticket of the
patient noted from 08:30AM onwards and the same was
prepared on his instruction by Dr. Kumari Jyoti and she was
also monitoring the condition of the patient. He has stated
that as per the records, life-saving drugs Atropine, Adrenalin,
Dexona and Deriphyllin were administered to revive the
heartbeat, pulse rate and respiration was given to the patient
at 08:30AM and the same was repeated at 08:45AM . When
the condition got worse, he had given CPR in presence of
Dr. Jyoti, but there was no sign of revival and the pupil
dilated which indicated that the patient was no more. The
patient was finally declared dead at 09:00AM.
In cross-examination, he has deposed that the
doctor had advised for NCCT (Non-Contrast CT scan), but
since the condition of the patient was very serious and he
was not in a conscious position, hence NCCT was not
performed.
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P.W.2 Dr. Kumari Jyoti had completed her MBBS
from SNMMCH, Dhanbad in the year 2018 and after
completing her internship, she had joined as a Junior
Resident in the same hospital where she had worked till
October 2021. On 28-07-2021, her duty was from 06:00AM
to 01:30PM in Emergency Ward of SNMMCH, Dhanbad and
when she joined duty, Dr. Sudhanshu Mishra was the senior
doctor for surgery in the Emergency Department. After
joining duty, Dr. Sudhanshu Mishra instructed her to look
after the patient at Bed No. 05 of SICU. She saw the patient,
who was unconscious, his vitals were unstable and he was
intubated. The patient was having head injury and his
dressing was already done. She has proved the entry made
by her in the Bed Head Ticket of the patient Uttam Anand
which has been marked as Exhibit-1. After the death of the
patient at 09:00AM, she had mentioned second PIR No.
3695, D/R No.- 1917, D/D – 28-07-2021, T/D 09:00AM in
front page of Bed Head Ticket which has been proved and
marked as Exhibit-1/1. She has also proved the OD Slip
dated 28-07-2021 which has been prepared by her at the
time of death of the patient which has been marked as
Exhibit-2.
In cross-examination, she has deposed that after
the death of the patient, it came to her knowledge that the
patient was a sitting District Judge.
P.W.3 Dr. Kumar Shubhendu was posted as an
Assistant Professor, Department of FMT, SNMMCH,
Dhanbad and on 28-07-2021, a Board was constituted for
conducting the post-mortem on the body of Uttam Anand
and the said Board was headed by him. On conducting the
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post-mortem, the following were the findings:
“(i) The body was average built. Rigor Mortis was
present all over the body. Abdomen was
slightly distended, head bandaged with gouge
piece in both ears. Uco-plast bandage was
present over dorsum of right hand and over
left wrist. Face was blood stained. Bleeding
present in both ears. Swelling was present in
an area 2 inch over left parietal scalp and in
an area 1½ inch over right parietal scalp.
Injection prick marks present over dorsum of
right hand.
ii) The external injuries found on the body of
deceased are as under: -
A) Abrasion (Reddish) - Time of injury -
within 12 hours of time of death
a) 1¾ inch x 1½ inch over midline parieto-
occipital scalp junction.
b) 3 inch x 1 inch over back of chest middle
and lower part 6 inch below the nape of neck.
c) 2 inch x ¾ inch over back of left side of lower
part of chest, 2 inch away from midline.
B) Internal finding (On dissection): -
a) Diffuse contusion of both Temporo-parieto-
occipital scalp.
b) Liner fracture measuring 3½ inch over right
Temporo-Parietal Skull extending to right
mastoid bone with separation of right side of
parieto-occipital suture middle part.
c) Linear fracture measuring 5 inch in length
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over left mastoid bone to left parietal bone with
separation of left Parieto- occipital suture in
between.
d) Meninges adhered to inner table of skull.
e) Subdural Blood and blood clots present on
both sides of Brain.
f) All internal organs are congested.
g) Stomach contains Blood mixed fluid about
50 c.c.
h) Hyoid intact.
iii) After examination of the dead body of the
deceased the board unanimously arrived
at the following opinion: -
a) Above noted injuries are Ante-mortem.
b) Caused by hard and blunt substance.
c) Death is due to head injury.
d) Time since death is 06 hours to 18 hours
from the time of postmortem examination.”
It has been opined that all the injuries were
ante-mortem in nature caused by hard and blunt substance.
Death was due to head injury. He has proved the
post-mortem report which has been marked as Exhibit-3. He
has proved the signature of the doctors in the inquest report
and dead body chalan which have been marked as
Exhibit-4 and 4/1 respectively. He had submitted a report in
response to the queries made by SHO, Dhanbad P.S.
regarding the injuries of the deceased and the said report in
printed form has been marked as Exhibit-5. The forwarding
letter dated 31-07-2021 issued under the signature of
Dr. Jakka Srinivas Rao, HOD, FMT, SNMMCH, Dhanbad has
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been marked as “X” for identification. The original copy of his
answer submitted to the Officer-in-Charge, Dhanbad P.S.
has been proved and marked as Exhibit-6. The forwarding
letter bearing No. 405/FMT dated 31 -07-2021 has been
proved and marked as Exhibit-7. He has opined that even
the single injury caused on the head/skull is singularly
sufficient to cause death of the deceased in ordinary course
of nature. Even the injury on left temporoparietal region of
head is sufficient enough to cause death of the deceased in
ordinary course of nature. He had submitted prototype skull
diagram to explain the probabilities of the injuries which
took place on the skull of late Uttam Anand. The images of
the left and right skull respectively have been prepared by
him and bears his signature which have been marked as
Exhibit-8 and 8/1. He has proved his signature as well as
the signature of Surendra Kumar, S.D.M., Dhanbad in the
sealed envelope produced by the P.P.-CBI which have been
marked as Exhibit-9 and 9/1 respectively. A sealed paper
inside a sealed envelope was opened which contained one
16GB Sandisk chip which bears his signature. The chip has
been marked as Material Exhibit- M-I. The videography of the
entire proceeding of the post mortem was done.
In cross-examination, he has deposed that the
body of the deceased was in motion when hit by the auto
rickshaw and it took an anti-clock spin, meaning thereby
that spinning of the body was not possible simply because of
being hit by a hard substance other than the auto rickshaw
in question. The impact of the hit was very strong which led
to grievous injuries.
P.W.4 Dr. Sudhanshu Mishra has stated that on
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28-07-2021, he was posted at SNMMCH, Dhanbad as Senior
Resident in the Department of General Surgery. On that day,
his duty started from 27-07-2021 at 09:00PM till 28-07-2021
at 07:00AM. Dr. Abhishek Giri was in his shift as Assistant
Casualty Officer. At about 05:30AM, he got a call from
Dr. Abhishek that an unknown person with alleged history
of road traffic accident has been brought to the hospital. He
immediately went to the minor O.T. where he saw one patient
lying on a stretcher with bleeding from both ears and nose
and he was having labored breathing. One Pawan Kumar
Pandey who had brought the injured to the hospital had
disclosed that he had found the patient in an injured
condition near Randhir Verma Chowk. He has stated that the
condition of the patient was very critical. To stop the bleeding
from ear and nose, packing of ears and nose was done after
suctioning the blood. He had asked Dr. Abhishek to make a
call to the Anesthetist. Dr. Vinit was the Anesthetist at that
point of time who intubated the patient and made further
arrangements. As the patient Uttam Anand was in a critical
condition and was not breathing properly and gasping, it was
decided to put him on ventilator support and he was shifted
to SICU at 06:15AM He had mentioned about the ph ysical
inspection, treatment and other observation in the Bed Head
Ticket of the patient Uttam Anand. He has proved his
handwriting and signature from page 01 to page 04 of the
Bed Head Ticket of the deceased which has been marked as
Exhibit-10. He has also identified the writing and signature
of Dr. Vivek Bhaskar at page 07 of the Bed Head Ticket of
Uttam Anand which has been marked as Exhibit-11.
In cross-examination, he has deposed that when
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he had assessed the patient, he was not hemodynamically
stable. As such, he was not in a position to be referred to a
higher center.
P.W.5 Dr. Vinit Kumar has stated that from
26-07-2021 at 07:00PM to 28-07-2021 at 07:00AM, he was
on duty at SNMMCH, Dhanbad. On 28 -07-2021, he had
received a call at 05:45AM from Dr. Abhishek regarding an
emergency case of road traffic patient. He had reached the
Emergency Ward within 10-15 minutes and in the meantime,
he had instructed over phone his staffs Rakesh and
Shambhu for arrangements of emergency airway equipments
which were in the hospital. After reaching the hospital, he
had seen the patient Uttam Anand having severe head
injuries and was lying unconscious with breathing
difficulties. He was bleeding from ears and nose. He gave him
stimulus with knuckle to see whether the patient is
responding or not, but he was not responding. His oxygen
saturation level was 50% SPO2 which is very serious for the
patient. After clearing secretions and blood from the patient's
throat, he had secured airway using endotracheal tube and
blood and secretion was aspirated in the lungs. The patient
was unresponsive and hypoxic. He had put him on ventilator
support to oxygenate him after which his saturation level
rose up to 90-92%. He has proved his signature and
handwriting on the backside of page No. 6 of the Bed Head
Ticket of the deceased Uttam Anand which has been marked
as Exhibit-12.
In cross-examination, he has deposed that he had
advised for NCCT of the brain to be done. The NCCT can be
done only when the patient gets stabilized.
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P.W.6 Dr. Abhishek Kumar has stated that he
was on duty from 27-07-2021 at 09:30PM to 28-07-2021 at
06:00AM in the Emergency Department of SMMMCH,
Dhanbad. He has stated that on 28 -07-2021 at about
05:30AM, one patient was brought in an unconscious
condition in the hospital and on information by the staff, he
had visited the minor O.T. where the patient was lying on a
stretcher in a pool of blood bleeding from mouth and nose
and he was gasping. The patient was given oxygen and
suction was started. He had entered the name of the person
who had brought the patient to the hospital in the register of
the hospital and had called Dr. Sudhanshu Mishra, M.S.
Surgeon who was on duty and he arrived at the minor O.T.
within one or two minutes. Dr. Sudhanshu Mishra ha d
immediately started treatment of the patient and in his
absence, he had called Dr. Vinit, Anesthetist and on the
advice of Dr. Sudhanshu Mishra, nasal and ear packing of
the patient was done and medicines and injections were
administered on the patient. He has proved the relevant
portion of the certified copy of page No. 406 of Assistant
Casualty Officer duty roster register wherein his
endorsement and the signature of Dr. Jyoti is present which
has been marked as Exhibit-13.
In cross-examination, he has deposed that in his
presence, the process of ventilator was started and the
patient was intubated.
P.W.7 Pawan Kumar Pandey has stated that on
28-07-2021 at 05:00AM, he was going from his house on a
scooty to golf ground via Randhir Verma Chowk. On the way,
he found that he had left his mobile at home and he returned
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back and was going home for his mobile when he saw near
Ganga Medical Store, 6 -7 persons standing. He had
immediately stopped his scooty and saw that a person in a
seriously injured condition lying on the road with blood
coming out from his mouth, ears and nose. He tried to stop
an auto, but failed and thereafter he went to the opposite
side of the road and stopped an e-rickshaw on which the
injured person was loaded with the help of 3-4 persons. He
had accompanied the driver of the e-rickshaw and went to
Sadar Hospital and on finding the gate locked, he had taken
the injured to PMCH where he got the injured admitted. He
had thereafter come to the place of occurrence, took his
scooty and left for his house. Later on, he came to know that
the injured person was Uttam Anand, a Judge in Dhanbad
Court. He has stated that on 07-08-2021, he was called to
the Camp Office of CBI from where the CBI team and other
persons had gone to the place of occurrence and he as well
as the accused had shown them the exact place where the
incident had taken place. The CBI team had collected blood-
soaked earth and had also recreated the incident as well as
taken photographs of the place of occurrence. The entire
exercise was taken down on a Memorandum (D -85) and the
sample was also sealed and documents were prepared. He
has proved his signature on the Memorandum (D-85) and the
sample sealed paper and the same have been marked as
Exhibit-14 to 14/5. The scene of the incident with an auto
rickshaw was recreated and a Memorandum (D-85) has been
prepared. He has proved his signature on each of the pages
of the Memorandum (D -86) which have been marked as
Exhibit-15 to 15/4.
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In cross-examination, he has deposed that he had
not witnessed the incident.
P.W.8 Sheela Handa is an A.N.M. who was on
duty at Platform No. 1 of Dhanbad Railway Station for
conducting COVID Test on the passengers and on
28-07-2021 at 05:00AM, after her duty hours, she was going
home on the motorcycle of her colleague Ashish Ram and as
she reached Ganga Medical Store, she found an assemblage
of 3-4 persons in front of the medical store. She and Ashish
Ram had stopped and saw a person in an injured condition
with blood coming out from his nose, ears and mouth. She
had dialed from her own phone for an ambulance , but the
ambulance did not arrive. The injured person was finding
difficulty in breathing and she had cleaned the blood from
his mouth and nose with a handkerchief lying besides the
injured so as to facilitate proper breathing. She has stated
that thereafter a person had gone to the opposite side of the
road and stopped an e-rickshaw in which the injured was
loaded and taken to Sadar hospital. Pawan Pandey had sat
on the e-rickshaw. She and Ashish had gone to Sadar
Hospital, but since the gate of the Hospital was closed, the
injured was taken to PMCH, Dhanbad where he was
admitted in the Emergency Ward. She and Ashish ha d
thereafter left the Hospital. Later on, she had come to know
that the injured was Uttam Anand, a Judge of Dhanbad
Court. On 07-08-2021, she was called to the Camp Office of
CBI where both the accused were present and she had left
with the entire team for the place of occurrence at 11:00AM.
The CBI officials had collected samples at the place of
occurrence and had also recreated the incident and had
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taken photographs. A Memorandum (D -85) was prepared for
the entire exercise and she had also signed on the same. She
has proved her signature on each of the pages of the
Memorandum (D-85) which have been marked as Exhibit-16
to 16/5.
In cross-examination, she has deposed that the
occurrence had taken place prior to her reaching the place of
occurence.
On a Court question, she has deposed that the
treatment of the injured started in her presence in the
Emergency Ward of the hospital.
P.W.9 Ajay Kumar was posted as a Scientific
Assistant in DFSL, Ranchi and on 28 -07-2021, the
Additional Deputy Director, DFSL had constituted a
four-member team for inspection of the place of occurrence.
On 29-07-2021, the team reached Dhanbad P.S. where they
were briefed about the incident. The forensic team had
inspected the auto rickshaw kept in the Police Station
premises as well as the place of occurrence and a report was
prepared with a request to send the Exhibits to DFSL, Ranchi
for forensic examination after taking permission from the
Court. The said report has been proved and marked as
Exhibit-17. The team had held a meeting with the ADGP and
other police officials and it was decided to recreate the scene
of crime and collect the CCTV footages and the videography
of the post mortem and a report was prepared which has
been proved and marked as Exhibit-18. He has stated that
on 31-07-2021, the forensic team had reached the place of
occurrence and had recreated the scene of crime and had
also taken photographs and had made videography which
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was included in the report which has been marked as
Exhibit-19. The details of the recreated scene of crime was
sent to the D.G.P.(Operations) through a forwarding letter
and the said forwarding letter has been proved and marked
as Exhibit-20. The Forensic Inspection Report dated 29-07-
2021 has been proved and marked as Exhibit-21. The details
of the inspection and recreation of the crime scene was sent
through a forwarding letter and the said report has been
proved and marked as Exhibit-22.
In cross-examination, he has deposed that the
collision of the auto rickshaw with the judge Uttam Anand
lasted for only one second.
P.W.10 Arun Kumar Das was posted as a Motor
Vehicle Inspector, District Transport Office, Dhanbad and he
had received a letter dated 29 -07-2021 from S.H.O.,
Dhanbad P.S. for submitting an inspection report with
respect to vehicle No. JH10R0461. He has proved his
signature on the letter dated 29-07-2021 which has been
marked as Exhibit-23. He had inspected the vehicle bearing
Registration No. JH10R0461 which is an auto rickshaw at
Dhanbad P.S. and had submitted his inspection report to
S.H.O., Dhanbad P.S. He has proved the inspection report
which has been marked as Exhibit-24. On inspection, it was
detected that the auto was technically fit and the brakes,
steering etc. were found in a proper condition. The indicator
glass on both the left and right sides were found broken, but
the glass on the left indicator was found broken recently. The
front Number Plate was found scratched while there was no
Number Plate in the back. He had come to a finding on
inspection that the auto did not have any mechanical defect
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leading to it dashing against the deceased. He has proved the
forwarding letter addressed to the Deputy Superintendent of
Police (Traffic) dated 31-07-2021 and the same has been
marked as Exhibit-25. He has proved the inspection report
and the registration vehicle details which have been marked
as Exhibit-26. As per the office records, the auto bearing
Registration No. JH10R0461 is registered in the name of
Sugani Devi Loharin.
In cross-examination, he has deposed that the left
side of the indicator of the auto was recently broken.
P.W.11 Dr. Sunil Kumar was the I/c Civil
Surgeon-cum-Chief Medical Officer, Dhanbad and on
01-08-2021, he had received a letter from S.H.O., Dhanbad
P.S. for determination of the age of Rahul Kumar Verma and
Lakhan Kumar Verma by a Medical Board. After receiving the
request letter, a Medical Board was constituted under his
Chairmanship. The other members of the board were Dr.
Sanjay Kumar, Radiologist, Dr. Toyaj Sukla, Dental Surgeon
and HOD of Forensic Science, SNMMCH, Dhanbad. An
intimation was given to the Members of the Board vide Memo
No. 1396 dated 01-08-2021. He has identified his signature
on the copy of the said letter which has been marked as X/1
for identification. On the same day, the accused persons
were examined physically and their dental and radiological
examination was done by the board members. After
examination, the Board had submitted its report and as per
the unanimous opinion of the Board, the age of the accused
Rahul Kumar Verma was assessed to be 19 -20 years and
other details of the accused persons were also mentioned in
the said report. He has proved the report of the Medical
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Board relating to Rahul Kumar Verma which has been marked
as Exhibit-27. As per the unanimous opinion of the Board, the
age of the accused Lakhan Kumar Verma was assessed to be
20-21 years and other details of the accused were mentioned
in the said report. He has proved the report of the Medical
Board relating to Lakhan Kumar Verma which has been
mentioned as Exhibit-28. The aforesaid reports were sent to
S.H.O., Dhanbad P.S. vide Letter No. 1397 dated 01-08-2021
and he has identified the said letter which has been marked as
Exhibit-29.
In cross-examination, he has deposed that for each
assessment of the accused persons, physical, dental and
radiological examination were conducted by the board
members.
P.W.12 Prabhat Jha was working as a Nodal Officer,
Reliance Jio Infocom Ltd., Bihar Service Area, Ranchi and on
06-10-2021, he had provided CDR and CAF (Customer
Application Form) along with the certificate under Section 65B
of Indian Evidence Act relating to 22 mobile nos. of the
Investigating Officer of CBI vide letter dated
06-10-2021. As per CAF of mobile No. 9304861558, the said
mobile no. was allotted to Lakhan Kumar Verma. As per CAF,
mobile No. 8102223099 was allotted to Rahul Kumar Verma.
The letter dated 06-10-2021 sent by him to the I.O., CBI along
with the “CAFs”, “CDRs” and certificate issued under Section
65B Indian Evidence Act consisting of 23 pages have been
proved and marked collectively as Exhibit-30. The Cell ID chart
prepared from the system consisting of 113 pages is proved and
marked as Exhibit-31.
In cross-examination, he has deposed that he
cannot tell orally the contents of the Call Detail Record.
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P.W.13 Nirbhay Kumar Sinha was working as a
Nodal Officer, Bharti Airtel, Ranchi, Jharkhand since
October 2008 and on 05-10-2021, he had provided CDR and
CAF along with the certificate under Section 65B Indian
Evidence Act relating to 14 mobile nos. to the Investigating
Officer of CBI vide letter dated 05-10-2021. As per CAF,
mobile No. 8102223099 is in the name of Rahul Kumar and
mobile No. 8409955491 is also in the name of Rahul Kumar.
He has proved the letter dated 05-10-2021 addressed to the
I.O., CBI along with CAFs, CDRs and c ertificate under
Section 65B Evidence Act consisting of 35 pages which have
been collectively marked as Exhibit-32. The Cell ID Chart
prepared from the system consisting of 04 pages has been
marked as Exhibit-33.
In cross-examination, he has deposed that he does
not know personally about the contents of CAF and CDR of
mobile No. 8102223099 of the accused Rahul Kumar Verma.
P.W.14 Jay Prakash Mahto was posted as an
Assistant Engineer, Electrical, Dhanbad Municipal
Corporation and on 29-07-2021, he had received a notice
from Municipal Commissioner in which he was directed to
produce the DVR installed in the District Control Room. On
31-07-2021, he had handed over the DVR to the S.H.O. and
a seizure list was also prepared. He has identified his
signature and the signature of Suman Kumar in the seizure
list which have been marked as Exhibit-34 and 34/1. He has
also proved his signature on the certificate under Section
65B Evidence Act which has been marked as Exhibit-25.
In cross-examination, he has deposed that the
DVR contains the footage of Randhir Verma Chowk.
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CR. APPEAL (DB) NO. 1578 OF 2022 19
P.W.15 Mukund Kumar Sinha was posted as an
Assistant Director, DFSL since 13-12-2018. He had received
08 wooden boxes vide Memo No. 281/2021 dated
31-07-2021 in connection with the present case through Sri
Randhir Kumar, S.I. on 01 -08-2021. The seals on the
packets were found intact and the boxes relating to biology
and DNA division were opened in the laboratory. He had
examined the exhibits for presence of blood on the same and
he had found blood on the articles which are mentioned in
his report from point no. 01-04. He has proved the report
consisting of two pages which has been marked as
Exhibit-36. He had submitted the articles for DNA extraction
and the result of the examination has been mentioned under
the heading “results of examination report” in his report. He
has proved the report comprising of two pages which has
been marked as Exh ibit-37. After examination, all the
articles were returned to the learned C.J.M., Dhanbad vide
forwarding letter dated 18-10-2021 by Sri B.K. Thakur, Joint
Deputy Director, DFSL. He has identified the signature of Sri
B.K. Thakur which has been marked as Exhibit-38. He has
also identified the list of articles which were returned after
examination and the same has been marked as Exhibit-39.
The second box having identification no. M No. 770/21 was
opened in Court and the following sealed envelopes and
paper packets came out:
“i) Envelope containing Gauze piece marked-A by
forensic department.
ii) Paper envelope marked -B by forensic
department.
iii) Envelope containing stone piece marked- C by
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CR. APPEAL (DB) NO. 1578 OF 2022 20
forensic department.
iv) Envelope containing Earth marked - D by
forensic department.
v) Envelope containing Face mask marked- E by
forensic department.
vi) Envelope containing Handkerchief marked- F
by forensic department.
vii) Envelope containing Underwear marked- G by
forensic department.
viii) Paper envelope marked -H by forensic
department.
ix) Paper envelope marked -1 by forensic
department.
x) Envelope containing Cotton piece marked- 2
by forensic department.
xi) Envelope containing Bedsheet marked - 3a by
forensic department.
xii) Envelope containing T-shirt marked - 3b by
forensic department.
xiii) Envelope containing Ganji marked- 3c by
forensic department.
xiv) Envelope containing Half pant marked- 3d by
forensic department.
xv) Envelope containing Janghiya marked- 3e by
forensic department.
xvi) Envelope containing Gauze piece marked- 4 by
forensic department.
xvii) Envelope containing Gauze piece marked- 5 by
forensic department.”
The gauge piece marked “A” by the Forensic
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Department was the same gauge piece he had examined. The
same has been marked as Material Exhibit - M-II. He has
proved his signature in the main envelope which has been
marked as Exhibit-40. The stone piece marked “C” by the
Forensic Department was the same stone piece which he had
examined. The same has been marked as Material
Exhibit- M-III. He has proved his signature on the main
envelope which has been marked as Exhibit-40/1. The soil
marked “D” by the Forensic Department was the same soil
which he had examined and the same has been marked as
material Exhibit- M-IV. He has proved his signature on the
main envelope which has been marked as Exhibit-40/2. The
face mask which was marked “E” by the Forensic
Department was the same face mask which was examine d
by him and the same has been marked as Material
Exhibit- M-V. He has proved his signature in the main
envelope which has been marked as Exhibit - 40/3. The
handkerchief marked “F” by the Forensic Department is the
same handkerchief which has been examined by him and
which has been marked as Material Exhi bit- M-VI. The
signature in the main envelope has been marked as
Exhibit-40/4. The underwear marked “G” by the Forensic
Department is the same underwear which he had examined
and the same has been marked as Material Exhibit- M- VII.
His signature in the main envelope has been marked as
Exhibit-40/5. The cotton piece which has been marked “2”
by the Forensic Department is the same cotton piece he had
examined and which has been marked as Material
Exhibit- M-VIII. His signature in the main envelope has been
marked as Exhibit-40/6. The bed sheet marked “3a” by the
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Forensic Department is the same bed sheet which he had
examined and the same has been marked as Material
Exhibit- M-IX. The T-shirt marked “3b” by the Forensic
Department is the same T-shirt which has been examined by
him and the same has been marked as Ma terial
Exhibit- M-X. The Ganji marked “3c” by the Forensic
Department is the same Ganji which he had examined and
which has been marked as Material Exhibit- M-XI. The half
pant marked “3d” by the Forensic Department is the same
half pant which he had examined and it has been marked as
Material Exhibit- M-XII. The Janghiya marked “3e” by the
Forensic Department is the same Janghiya which he had
examined and which has been marked as Material
Exhibit- M-XIII. The gauze piece marked “4” by the Forensic
Department is the same gauze piece which he had examined
and the same has been marked as Material Exhibit- M-XIV.
His signature in the main envelope has been marked as
Exhibit-40/7. The gauze piece marked “5” by the Forensic
Department is the same gauze piece which he had examined
and the same has been marked as Material Exhibit- M-XV.
His signature in the main envelope has been marked as
Exhibit-40/8.
In cross-examination, he has deposed that the
Exhibit marked “F” by the forensic Department and the
Exhibit marked “G” matched with the Exhibit marked “4” of
accused Lakhan Kumar Verma.
P.W.16 Om Prakash Yadav was posted as an
Assistant Transport Officer who has stated that on
30-07-2021 he had received Memo No. 2686/2021 from the
Inspector-cum-Officer-in-Charge of Dhanbad P.S. in which
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details were sought for of the driving licenses of Rahul Kumar
and Lakhan Kumar Verma. He had replied to the said
communication vide his letter dated 30-07-2021 in which it
has been stated that the licenses were not issued by Sarthi
software. He has proved the letter which has been marked as
Exhibit-41. On 25-08-2021, he had received a letter from the
CBI regarding furnishing of the details of the vehicle bearing
Registration No. JH10R0461 and he had submitted the
details as desired of the registration and transfer of the said
vehicle. The said communication has been proved and
marked as Exhibit-42. As per the official records, the said
vehicle is registered in the name of Sugani Devi Loharin after
its transfer from the previous owner Virendra Kumar Tiwari.
In cross-examination, he has deposed that he had
submitted the details of the vehicle as asked for by the CBI.
P.W.17 Dinesh Prasad was posted as an
Executive Engineer, Road Division, Dhanbad who has stated
that as per the request of the Deputy Superintendent of
Police (Traffic), Dhanbad vide letter dated 31-07-2025, he
had prepared a map of the place of occurrence which was in
four pages and which was made available to the Deputy
Superintendent of Police (Traffic), Dhanbad vide letter dated
02-08-2021. The said letter has been proved and marked as
Exhibit-43.
In cross-examination, he has deposed that the
map was prepared based on the actual oriental
compass/total station of the road. He had not visited the
place of occurrence.
P.W.18 Amitosh Kumar was posted as a Senior
Scientific Officer-I, CFSL, New Delhi and he has stated that
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a letter was received dated 04-08-2021 for inspection and
recreation of the crime scene at Dhanbad. On the direction
of Director, CFSL, New Delhi he along with other members of
the CFSL visited Dhanbad. On 07-08-2021, the CFSL team
carried out inspection on the scene of crime and collected the
blood-stained soil samples and control soil sample from the
side of the road near Ganga Medical Hall and the same was
sealed in two envelopes. The photography and videography
at the place of occurrence and in and around the area was
done by the CFSL team. Officers of Kwick Soft Solution Pvt.
Ltd. had also conducted digitization of the scene of crime in
3D. The Memorandum which was prepared regarding the
proceeding conducted on 07-08-2021 has been proved and
marked as Exhibit-44. He has stated that on 08-08-2021,
the CFSL team had recreated the scene of crime with the help
of persons used as auto driver and one CBI official used as a
co-passenger. One person was used as dummy of Uttam
Anand. The crime scene was recreated after analyzing the
CCTV footage of the scene of crime. The photography and
videography of the recreated scene of the occurrence was
done by the CFSL team. Officers of Kwick Soft Solution Pvt.
Ltd. had also conducted digitization of the scene of crime in
3D. The memorandum which was prepared regarding the
proceeding conducted on 08-08-2021 has been marked as
Exhibit-45. The CFSL team had prepared report
No. CFSL-2021/P-411 dated 13-08-2021 and as per
observation of the team, the speed of the auto rickshaw at
the time of hitting the deceased could be 20-25 kmph and
the angle of impact at the time of collision between the
deceased and the auto rickshaw was 21 degrees
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approximately. The report and its forwarding letters have
been proved and marked as Exhibit-46. The answer to some
of the queries of the CBI and the forwarding report have been
collectively proved and marked as Exhibit-47.
In cross-examination, he has deposed that the
CFSL in which he works is under the administrative control
of CBI.
P.W.19 Ashutosh Deo Tiwary was working as the
Principal Scientific Officer, CFSL who has stated that a letter
dated 16-08-2021 was received in the office of CFSL, New
Delhi for clarification of certain queries. The answer to the
queries were sent by the CFSL team vide letter dated
25-08-2021. The report was signed by all the team members
including himself. He has identified his signature on the
forwarding letter of the chemical examination report dated
26-08-2021 which has been marked as Exhibit-48. He had
received an authority letter dated 01-09-2021 for collection
of Exhibits. He has identified his signature on the said letter
regarding receiving of the same which has been marked as
Exhibit-49. Pursuant to the said letter, he had handed over
the Exhibits in two envelopes containing SDHC card having
36 video clips and one Sandisk 16 GB card having 404
images from DSC-3699 to DSC-4102 to the official of CBI
vide letter No. CFSL-2021/P-411/2654 dated 02-09-2021.
He has identified his signature on the said letter which has
been marked as Exhibit-50.
In cross-examination, he has deposed that the
chemical examination report is not known to him. He had
just forwarded it.
P.W.20. Jani Babu was working as an In-charge
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in City Fuels and on 29-07-2021, he had given the CCTV
footage of the petrol pump of camera no. 8 and 16 from
05:15AM to 05:35AM dated 28-07-2021 in a 16 GB pen drive
to the Officer-in-Charge Govindpur P.S. He has proved the
production-cum-seizure list of the pen drive and the
certificate given under Section 65B Evidence Act which has
been marked as Exhibit-51. He had also handed over to the
Officer-in-Charge, Govindpur P.S., the DVR with the charger
and the production-cum-seizure list as well as the certificate
issued under Section 65B Evidence Act which have been
proved and marked as Exhibit-52. He has also proved his
signature and the signature of other witnesses in the sealed
envelope containing the 16 GB Sandisk pen drive which has
been marked as Exhibit-53. The Sandisk pen drive has been
marked as Material Exhibit- M-XVI.
In cross-examination, he has deposed that the
Police had not recorded his statement.
P.W.21 Md. Samsher Ali was working as a Nozzle
Man in City Fuels. He has identified Lakhan Kumar Verma
through V.C. as the person who on 28-07-2021 at 05:30AM
had come to the petrol pump in his autorickshaw and after
diesel worth Rs. 200/- was filled up in the tank, he had left
with the auto. In course of investigation by the CBI, he had
identified Lakhan Kumar Verma by his photograph.
The CCTV footage was displayed in Court which
included the footage outside the petrol pump and inside the
petrol pump. On seeing both the footages, he had stated that
the auto and the person driving the auto in both the
photographs are same.
In cross-examination, he has deposed that
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Lakhan Kumar Verma had later on worn a mask. The auto
had two passengers sitting, one of whom had got down from
the vehicle while the other was sitting.
P.W.22 Dr. Amod Kumar Singh was a member of
the CFSL team and he has reiterated what has been stated
by P.W.18. He had prepared one crime scene profiling report
dated 17-08-2021 which has been marked as Exhibit-54.
In cross-examination, he has deposed that in the
said report, he had mentioned that the act of collision seems
intentional based on CCTV footages, scene of crime and his
observation.
P.W.23 Brij Kumar Thakur was posted as Joint
Deputy Director, DFSL, Ranchi and on 01 -08-2021,
08 sealed wooden boxes with white cloth cover were received
vide Memo No. 281/2021 dated 31 -07-2021 in connection
with the present case. After receiving the boxes, a receipt was
issued by Subodh Prasad, ASI deputed at DFSL, Ranchi. He
has identified the signature of Subodh Prasad on the receipt.
The receipt has been proved and marked as Exhibit-55. On
02-08-2021, an autorickshaw without key of green-yellow
color was received in DFSL, Ranchi after which a receipt was
issued by Subodh Prasad, ASI. He has proved the receipt
which has been marked as Exhibit-55/1. He has stated that
on 07-08-2021, a letter addressed to DFSL, Ranchi by Tarun
Kumar Sinha, Dy. S.P., CBI, ACB, Ranchi was received for
return of the above said autorickshaw for the purposes of
investigation. The order of the learned S.D.J.M.-cum-Special
Judicial Magistrate, CBI, Dhanbad dated 07-08-2021 was
also attached with the said letter. The receipt of the letter has
been proved and marked as Exhibit-56. In compliance to the
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said letter, the autorickshaw was handed over to Tarun
Kumar Sinha, Dy. S.P., CBI, ACB, Ranchi vide letter
No. SFSL/2374/2021 dated 07 -08-2021 addressed to the
learned Chief Judicial Magistrate, Dhanbad. The said letter
has been proved and marked as Exhibit-57. He has stated
that the team of DFSL, Ranchi Physics Division examined the
objects of wooden box no. 1. The Exhibits marked 1a, 1b and
B1 are part of the one-sided silver-colored coated damaged
light reflector connected with axial hole on the front side of
the grey color damaged indicator frame. After examination, a
report was prepared by his team and the said report has been
proved and marked as Exhibit-58. The forwarding letter of
the report sent to the Court of learned C.J.M., Dhanbad and
S.S.P., Dhanbad has been proved and marked as
Exhibit-58/1. The fiber-like objects, he had examined has
been marked as Material Exhibit- M-XVII and M-XVII/1. He
has identified his signature in the main envelope which has
been marked as Exhibit-59. The five broken pieces of fiber-
like object marked B1 to B5 were the same fiber-like objects
which were examined by him and which ha ve been marked
as Material Exhibit- M-XVIII to M-XVIII/4. He has proved his
signature in the main envelope which has been marked as
Exhibit-60. The damaged indicator frame of fiber-like object
marked “H” was the same object which was examined by him
and which has been marked as Material Exhibit- M-XIX. He
has proved his signature on the main envelope which has
been marked as Exhibit-61. He has proved the receipt of the
auto rickshaw which has been marked as Exhibit -62. The
authorization letter addressed to Director, DFSL for return of
the Exhibits has been proved and marked as Exhibit-63. The
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letter by which one sealed wooden box with white cover
M No. 770/2021 was returned vide forwarding Memo No.
5176 dated 18-10-2021 has been proved and marked as
Exhibit-64.
In cross-examination, he has deposed that the
articles marked B2 to B5 did not match with the indicator
marked “H”.
P.W.24 Vishwajeet Kumar Chetan was posted as
a Sub-Inspector of Police in Dhanbad P.S. and on the orders
of the Officer-in-Charge of Dhanbad P.S., he had, on
28-07-2021, gone to visit the place of occurrence at Ganga
Medical near Randhir Verma Chowk. In course of inspection,
he had taken two witnesses; Puran Gope and Nayan Laha.
He had collected from the place of occurrence some pieces of
fiber and blood collected in cotton and had put them in an
envelope. He had submitted the envelope to the Investigating
Officer Vinay Kumar. He has proved the carbon copy of the
seizure list which has been marked as Exhibit-65. He has
identified his signature and the signature of the other
witnesses over the envelope containing pieces of fiber which
has been marked as Exhibit- 65/1. He has also identified his
signature and the signature of the witnesses over the
envelope containing blood samples in cotton which has been
marked as Exhibit-65/2.
In cross-examination, he has deposed that he had
prepared the seizure list at the place of occurrence itself.
P.W.25 Dr. Harish Mani Lal Pathak was posted
as Professor and Head of the Department of Forensic
Medicines, SETH, GS Medical College and KEM Hospital,
Parel, Mumbai and on 04-08-2021, he had received a request
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from the Investigating Officer of the present case to visit the
scene of crime at Dhanbad and give his opinion. Accordingly,
on 09-08-2021, he along with Dr. Mahesh Akare reached
Dhanbad and had interactions with the Investigating Officer
and had done the preliminary examination of the
autorickshaw which was intercepted. The following was done
which has been mentioned in the report:
• Preliminary Analysis of CCTV Footage of
incident.
• Preliminary analysis of photographs provided.
• Visit to the Scene of incident.
• Examination and measurements at the scene,
• Reconstruction of events with volunteer of
similar height and built as that of deceased.
• Forensic photography at the scene of incident.
• Visit to the Mortuary, detailed discussion
regarding autopsy with Dr. Kumar Shubendu,
Assistant Professor, Department of Forensic
Medicine, SNMMCH, Dhanbad.
• Interview / History taking from Accused Rahul
Kumar Verma, and Lakhan Kumar Verma.
On 11-08-2021, his team had received the
following documents for further analysis:
• Received one Pen Drive containing Post Mortem
Videography of the deceased.
• Received one Pen Drive containing the
photography of scene of crime and the vehicle
used in the incident (Clicked on 29/07/2021).
• Received one Pen Drive containing the CCTV
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footage of incident.
• Analysis of CCTV Footage of incident on
28.07.2021.
• Analysis of photographs clicked on
29.07.2021.
• Analysis of videography of post mortem on
28.07.2021.
• Examination and forensic photography of auto-
rickshaw intercepted in relation to the incident.
Based on the analysis of the CCTV footage of the
incident, photographs provided, videography of post -
mortem, interviewing accused Rahul Kumar Verma and
Lakhan Kumar Verma, visit to the scene of incident,
examination of auto rickshaw, reconstruction of the events,
forensic photography primarily revealed the following
findings:
“1. Injury A
Linear Fracture present over right temporo-parietal
region of size 3.5 inches, fracture line extending
from squamous part of temporal bone including
Parietal bone to right mastoid bone, separating the
right lateral aspect of lambdoid suture, Margins
irregular, blood infiltrated.
Injury A is probably caused by impact of head on
the ground after fall as seen in Photo 1.3.
2. Injury B
Linear Fracture present over left temporo-parietal
region of size 5 inches, fracture line extending from
left Parietal bone with separation of left lateral
lambdoid suture to the left mastoid bone. Margins
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irregular, blood infiltrated.
Injury of Left aspect of skull has probably been
caused by the Yellow dented edge of the auto
rickshaw as seen in the photograph (Photo 2.3).
3. Injury C
Patterned Abrasion injury over back of chest 6"
below the nape of neck. This injury is probably
caused by the blue rod at the left edge of the auto
as seen in Photo 2.4 above.
4. Injury D
Graze abrasion present over back of left side of
lower part of chest, directed downwards, laterally
and located 2 inch away from midline of size 2 x ¾
inch, reddish in color.
Injury observed in Photo 4.1 was caused by fall on
ground after impact with auto.
5. Injury E
5.1 Contusion present on lower back.
Contusion present over back of chest on the right
lateral side approximately 3 inch away from
midline of size approximately 2 x 1 inch, bluish in
color.
The injury observed in photo 5.1 was probably
sustained by impact with the left headlight of the
auto, which could have caused the headlight to
break as observed in photo 5.2.”
He has stated that on examination of auto
rickshaw, reconstruction of events, photography and
analysis of post-mortem findings, it was deduced that the
driver of the auto rickshaw Lakhan Kumar Verma appears to
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be in full control of the vehicle. At no point of time, he
exhibited any sort of attempting to turn or swerve away from
the deceased, no attempts at sudden breaks, sudden turning
or wobbling of vehicle indicating that he was in full control
of the auto and clearly been changing the moving auto's path
from the middle of the road specifically towards the deceased
for about 20 metres at an angle of about 20 degrees from the
midline. The auto rickshaw is seen returning back to the
original path towards the middle of the road after hitting the
deceased, completely in control of the vehicle. The summary
of conclusions arrived at were as follows:
“1. Injury on left aspect of skull has probably been
caused by the Yellow dented edge of the auto-
rickshaw as seen in the photograph (Photo
2.3).
2. Patterned Abrasion injury over back of chest
6" below the nape of neck. This injury is
probably accused by the blue rod at the left
edge of the auto (Photo 2.4).
3. Graze Abrasion injury present over lower back
of chest on left side 2 inches away from
midline, has probably been caused by impact
on ground after being hit by auto (Photo 4.1).
4. Contusion present over lower back has
probably been caused by impact with the left
headlight of the auto (Photo 5.1).
5. Injury sustained on the right side of Skull has
probably been caused by the impact of
deceased hitting the ground after being hit by
the auto at a speed of 23 km/hr (Photo 1.3).
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6. Driver of Auto Rickshaw, Lakhan Kumar
Verma, appears to be in full control of the
vehicle
7. The above-mentioned injuries were sustained
when the auto- rickshaw struck a physically
fit, well built, height 5'8" pedestrian adult at a
speed of 23 km/hr. Injury Number A and B on
the head (Singularly or Collectively) are
sufficient to cause death in ordinary course of
nature;”
He has opined that the findings and observations
indicate that the hit and run incident was not accidental, but
intentional. He has proved the report along with its
enclosures which has been marked as Exhibit-66.
In cross-examination, he has deposed that the
speed of the auto rickshaw in question was sufficient to
cause death by blunt impact against the head of the
deceased.
P.W.26 Randhir Kumar was posted as an
Inspector of Police in Bank More P.S. and on 28-07-2021, he
was called to the office by the Senior Superintendent of
Police, Dhanbad as someone had committed the murder of a
Judge. On such information, he had reached the office at
06:30PM where the City S.P., Ram Kumar had constituted a
team. He was sent to the Police Control Room with Addl. S.P.
to go through the CCTV footages. The CCTV footage was
shown by the technical engineer in which he had seen an
auto rickshaw deliberately colliding with the Judge and
thereafter going ahead. They had thereafter seen the CCTV
footage of City Fuels Petrol Pump where the driver of the auto
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was seen filling up the auto with fuel. On seeing the CCTV
footage installed near Vishwakarma Hardware, G.T. Road, an
auto was seen crossing the said place and it was also seen
crossing the electronic appliances shop of Jaiswal Ji. When
they were searching for the accused in Govindpur Bazar, it
was informed by the Officer-in-Charge of Dhanbad P.S. that
one accused Rahul Verma has been apprehended from just
outside the Dhanbad Railway Station and apart from
admitting his involvement, had also disclosed that Lakhan
Verma, his accomplice had deliberately collided with the
Judge. He had also disclosed that Lakhan Verma had taken
his auto to his brother-in-law's place at Giridih. He had also
disclosed the mobile no. of Lakhan Verma. He has stated that
based on the inputs given by Rahul Verma, he and his team
had reached the house of Deepak Sonar on 29-07-2021 at
04:30AM from where Lakhan Verma was arrested. He has
proved the arrest memo which has been marked as
Exhibit-67. On a search of the room, an airbag was recovered
from under the cot in which Lakhan Verma was sleeping and
wearing apparels as well as some personal items were seized.
The articles recovered from the bag except the SIM card has
been collectively marked as Material Exhibit- M-XX. He has
proved the seizure list which has been marked as
Exhibit- 67/1. Lakhan Verma had disclosed that the
offending auto is standing in front of the house which was
subsequently seized along with the mobile and a transfer
form. The seizure list of the seized auto has been proved and
marked as Exhibit- 67/2. The auto rickshaw which was
produced in the Court has been marked as Material
Exhibit- M-XXI.
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In cross-examination, he has deposed that the
arrest memo was prepared in the house of Deepak Sonar.
P.W.27 Chandrashekhar Prasad was the Ward
Member in Ward No. 35 who, on the direction of the Police,
had reached the house of Deepak Sonar on 29 -07-2021 at
04:30AM. On opening the door, Lakhan Kumar Verma was
arrested and an arrest memo was prepared. The Police had
seized an airbag which contained some personal necessities.
On the disclosure of Lakhan Kumar Verma, the offending
auto was seized.
In cross-examination, he has deposed that his
house is at a distance of 20 metres from the house of Deepak
Sonar.
P.W.28. Dr. Hema Vinod Chandra Acharya was
posted as an Assistant Director, Forensic Psychology
Division, DFS, Gandhi Nagar, Gujarat and on 31-07-2021,
the case was received in the office for the analysis of images,
video clips relating to present case sent by email by S.S.P.,
Dhanbad. Besides the images and video clips, she had also
received the case papers like FIR, accident report form,
sitemap of scene of occurrence and nearby area,
post-mortem report of the deceased, late Uttam Anand etc.
The case was allotted to her on 02-08-2021 for analysis and
report thereon. She had done the analysis of the CCTV
footages and images of the crime scene and nearby area and
after analysis had prepared report No. DFS/EE/21/Psy
Asse/06 dated 02-08-2021. The details of the CCTV footages
she had analysed are as follows:
“i) CCTV footage of Randhir Verma Chowk
towards SSLNT dated 28.07.2021 from
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05:06:03 am to 05:16:34 am (00:10:31).
ii) CCTV footage of Randhir Verma Chowk to
Police Line dated 28.07.2021 from 04:52:16
am to 05:16:33 am (00:24:17).
iii) CCTV footage of CAM 8 installed at City
Fuels Petrol Pump dated 28.07.2021 from
05:15:01 am to 05:35:29 am (00:20:28).
iv) CCTV footage of City Center Towards DMC
dated 28.07.2021 from 05:05:03 am to
05:14:21 am (00:09:16).
v) CCTV footage of Raju Yadav Chowk to
Rangatand dated 28.07.2021 from
05:01:36 am to 05:14:21 am (00:12:46).
vi) CCTV footage of Rangatand towards
Raju Yadav Chowk dated 28.07.2021 from
05:0X:11 am to 05:1X:27 am (00:03:13). (X:
Not legible).
She had also analyzed 08 photographs as
mentioned in her crime scene profiling report. She had
analyzed 06 video clips and images which have been
mentioned in her report from Serial No. 1 to 6 and after
analysis, the following conclusions were arrived at:
“1) Based on the analysis of the CCTV Video clips
and images, it is thus concluded that someone
has followed Shri Uttam Anand in auto
rickshaw and on getting an opportunity; the
Auto-Rickshaw driver did the act to hit Shri
Uttam Anand. On analyzing all the CC TV
Video clips, the manner in which the Auto-
Rickshaw driver has driven the Auto -
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Rickshaw and the way act has been executed,
shows that the Auto-Rickshaw driver is in
good state of mind. Thus, this incident seems
to be planned and intentional. It does not
appear to be an accident.
2) Two persons in the auto rickshaw are seen
before and during the incident and when the
same Auto-Rickshaw comes to petrol pump,
only one person is seen in the auto rickshaw.
It is suggested to investigate whether another
person accompanying the Auto -Rickshaw
driver is dropped on the route between the
place of incident to the petrol pump.”
She has proved the crime scene profiling report
and the forwarding letter which have been collectively
marked as Exhibit-68.
In cross-examination, she has deposed that on
analysis of all six video clips that were sent to her by email,
the auto appears to be moving smoothly and on normal
speed in the video clip bearing Serial Nos. 4, 5 and 6. She
had mentioned in her report about the auto driver being in a
good state of mind.
P.W.29 Mahendra Kumar Tiwary was posted as
a Technical Engineer in S.P. Office, Dhanbad and on
29-07-2021, he had handed over to the Officer-in-Charge,
Govindpur P.S. footages of two CCTV cameras situated near
City Centre, 03 cameras from Shramik Chowk, Rangatand,
Circuit House and S.S.L.N.T. College and 02 cameras from
Randhir Verma Chowk total footages from 07 cameras in
presence of two witnesses. The footages were given in a
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32 GB Pen Drive along with a certificate under Section 65B
of the Evidence Act. The seizure list of CCTV footages and the
certificate under Section 65B of Evidence Act have been
collectively proved and marked as Exhibit-69. He has stated
that on 31-07-2021, he had handed over the CCTV footage
from 16-07-2021 to 28-07-2021 relating to the morning walk
of Uttam Anand in presence of two witnesses. He had also
given a certificate under Section 65B Evidence Act. The
production-cum-seizure list of the CCTV footages and the
certificate under Section 65B Evidence Act have been
collectively proved and marked as Exhibit-70.
In cross-examination, he has deposed that the
seizure list was prepared in S.S.P. Office.
P.W.30 Vijay Yadav is an auto rickshaw driver
and he plies his auto from 05:00PM to 06:00AM from
Govindpur to Dhanbad Railway Station and back. He has
stated that on 28-07-2021, he had left Govindpur for the
Railway Station at 04:30AM with two passengers. He had
dropped one passenger near D.R.M. Office at around
05:15AM. He has identified his auto in the CCTV footage. He
had been shown a photograph and he had identified a person
who on 27-07-2021 at 05:10AM had boarded his auto near
Hatia More and he had dropped him near D.R.M. Office. The
CBI officials, after his identification, had disclosed the name
of the passenger as Rahul Verma. He has identified Rahul
Verma who was produced through video conferencing.
In cross-examination, he has deposed that on the
same night he had come to know about the occurrence from
the auto rickshaw drivers present in the railway station.
P.W.31 Vinod Bhagwan Ramteke was working in
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CFSL, New Delhi since the year 2005 and he has stated that
letter No.- SPL/3/1/RC05/S-21/New Delhi dated
15-08-2021 addressed to the Director, CFSL, New Delhi by
HOB, CBI, SC-I, New Delhi along with one sealed parcel was
received by him through the Biology Division of CFSL, New
Delhi and in the said letter, a questionnaire was attached in
which opinion regarding presence of alcohol or any other
psychotropic substance in the blood sample and urine
sample exhibits of accused Rahul Kumar Verma and Lakhan
Kumar Verma were sought for. It was also requested that
DNA profiling from the above sample may be
generated and preserved. The exhibits were analyzed by him
through physio-chemical methods, chemical tests, thin layer
chromatography, gas liquid chromatography and gas
chromatography-mass spectroscopy for the presence of ethyl
alcohol and psychotropic substances viz. Barbiturates,
phenothiazines, alkaloids, benzodiazepines, cannabinoids
and amphetamines. On examination, all the above exhibits
gave negative tests for the presence of ethyl alcohol and
psychotropic substances. He has proved the report prepared
by him which has been marked as Exhibit -71. The DNA
profile of Lakhan Kumar Verma and Rahul Kumar Verma
was generated and documented for future reference. The
report prepared by him has been proved and marked as
Exhibit-72. The vacutainer tubes containing the blood
samples of Lakhan Kumar Verma has been marked as
Material Exhibit- M-XXII and M-XXII/1. The vacutainer tubes
having the blood samples of Rahul Kumar Verma have been
marked as Material Exhibit- M-XXIII and M-XXIII/1. The
container having the urine samples of Lakhan Kumar Verma
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has been marked as Material Exhibit- M-XXIV, while the
container having the urine sample of Rahul Kumar Verma
has been marked as Material Exhibit- M-XXV.
In cross-examination, he has deposed that the test
performed by him was 100% accurate.
P.W.32 Krishna Nand Mishra works as a Cook in
Khalsa Hotel, Govindpur and he has stated that on
23-07-2021 in the evening, Rahul Kumar Verma had come
to him and sought for a job in the hotel. On 24-07-2021,
Rahul Kumar Verma had once again come with his Aadhar
card and he was taken to the hotel owner who appointed
Rahul Kumar Verma as a kitchen helper. He has stated that
on 27-07-2021, one of the staffs of the hotel Prakash Modi
had come to him and disclosed that his mobile has been
stolen which he had disclosed to his Manager Satyajit Roy.
In course of search, a woman of the locality had disclosed
that a person had jumped the wall and had kept something
inside the earth. On search, the stolen mobile was recovered
and the said woman had identified Rahul Kumar Verma as
the person who had hid the mobile. The said Rahul Kumar
Verma fled away before he could be taken to the owner of the
hotel. He has identified Rahul Kumar Verma from the
photographs shown to him by the CBI officials. He has
identified the bag produced before him as the bag which was
with Rahul Kumar Verma when he had fled away from the
hotel. He has identified Rahul Kumar Verma who was
produced through video conferencing.
In cross-examination, he has deposed that he does
not have any personal acquaintance with Rahul Kumar
Verma.
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P.W.33 Rakesh Kumar Rawani @ Raju works as
a Parking Agent in Dhanbad Railway Station since the year
2011. On 27-07-2021, his duty was from 07:00PM till
07:00AM on the next day. At about 01:30AM, two persons
had come with an auto rickshaw and parked it in the parking
lot of Dhanbad Railway Station. The number plate in the
front of the auto rickshaw was scratched, while there was no
number plate at the rear. There was a sign of “heart” in the
front glass of the auto. During the CBI investigation, some
photographs were shown to him from which he had identified
two persons who had parked their auto rickshaw which did
not have a number plate. Later on, he had come to know the
name of the said persons as Lakhan Verma and Rahul
Verma. He has identified both the accused who were
produced before him through video conferencing. The
photographs shown to him have been marked as Y and Y/1
for identification.
In cross-examination, he has deposed that the
accused persons had taken away the auto from the parking
lot after 30 minutes. The auto was being driven by Lakhan
Verma.
P.W.34 Saddam Hussain has stated that on
29-07-2021, he had gone to Giridih along with the
Officer-in-Charge Bank More P.S. and his team from where
Lakhan Verma was arrested and an auto was recovered. On
the same day, he had driven the auto and brought it back
from Giridih to Dhanbad P.S. He had filled diesel worth Rs.
500/- in the said auto.
In cross-examination, he has deposed that the
auto was running in a proper condition.
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P.W.35 Sonika Verma was posted as Sub -
Inspector in Saraidhela P.S. and on 28-07-2021, her duty
was at SNMMCH, Dhanbad. On 28 -07-2021, she was
working in the mortuary in a different case when an
information was received at 09:30AM that an unidentified
dead body is lying in SNMMCH. She had gone to the
Emergency Ward and found a dead body lying in bed no. 5
with his head bandaged. After sometime, Manoj Swargiari,
A.S.P. (Law & Order) and Vinay Kumar, Officer-in-Charge,
Dhanbad P.S. had come and identified the dead body as that
of Uttam Anand, A.D.J.-VIII. She had seen the wife of the
deceased in the hospital premises at 11:00AM. She has
proved the inquest report which has been marked as
Exhibit-73. The carbon copy of the dead body challan has
been proved and marked as Exhibit -73/1. On
16-08-2021, she had handed over the O.D. Slip to the
Inspector of CBI. The production-cum-seizure list of O.D.
Slip has been marked as Exhibit-74.
In cross-examination, she has deposed that in the
inquest report, the cause of death had been mentioned as
collision by an unknown vehicle.
P.W.36 Pradeep Kumar Gottam was working as
a Principal Scientific Officer (Photo & Scientific Aid Division),
CFSL, New Delhi and on 10-08-2021, he along with Sriniwas
Pillari, Sri Kuldeep, S.I. and two independent witnesses
assembled at CBI Camp Office, CIMFER, Dhanbad for the
purposes of extraction, cloning, imaging and copying of data
from DVR, Pen Drive, Memory Card, Hard Disk, C.D./D.V.D.
etc. seized in the present case. The team under his
supervision extracted the data from the above said
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devices by using Tableau TX1 forensic imager. After
extraction/cloning/copying/imaging of data, the said
exhibits were again sealed with the seal impression of “SIT
Dhanbad”. A memorandum dated 10 -08-2021 was also
drawn about the aforesaid proceedings and 15 certificates
under Section 65B Evidence Act were also given by him. The
memorandum dated 10 -08-2021 along with specimen seal
impressions and certificates under Section 65 B Evidence Act
have been collectively proved and marked as Exhibit -75
(except photocopies). He has stated that again from
11-08-2021 to 14-08-2021, he along with Vikas Sharma,
SSA, CFSL, New Delhi, Sriniwas Pillari, Senior System
Analyst, Dhruba Kundu, PC, CBI, TAFSU, Kolkata, Arvind
Jaitley, Inspector, Kuldeep, S.I. and two independent
witnesses assembled at CBI Camp Office, CIMFER, Dhanbad
for the purposes of extraction/exporting of data from the
DVRs and laptop seized in the present case. The details of
the above said devices are mentioned in the memorandum
dated 14-08-2021 under the heading “description” from
serial no. 1 to 11. The team under his supervision
extracted/exported the data mentioned at serial no. 1 to 11
by connecting the DVR to monitor device and exporting the
data of all storage devices one by one by collecting one
storage device at a time in the monitor. The exhibits, except
at serial no. 1 to 11, were in sealed condition. The said sealed
exhibits were sealed in the presence of all the members and
witnesses and after de-sealing the data from the above said
devices was stored in one hard drive of 2TB for investigation
purposes. After extraction/exporting of data, the said
exhibits were again sealed with the sealed impression of “SIT
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Dhanbad”. A memorandum was also drawn dated
14-08-2021 about the proceedings and 13 certificates under
Section 65B Evidence Act were also given by him. He has
proved the memorandum along with specimen seal
impressions and certificates under Section 65B Evidence Act
which has been collectively marked as Exhibit-76 (except
photocopies. The two photocopies of Section 65 B Evidence
Act certificates are marked X/1 and X/2 for identification.
During examination-in-chief, the learned P.P.-CBI
has produced the various sealed exhibits in Court. The pen
drive from which data was extracted and stored in the
external hard disk as mentioned in the memorandum dated
10-08-2021 has been marked as Material Exhibit- M-XXVI.
He has proved his signature on the envelope in which the
pen drive was sealed and the same has been marked as
Exhibit-77. The pen drive containing the CCTV footages of
the crime scene and nearby areas and from which data was
extracted and stored in the external hard disk as mentioned
in memorandum dated 10-08-2021 has been marked as
Material Exhibit- M-XXVII. He has identified his signature on
the envelope in which the pen drive was sealed and which
has been marked as Exhibit-77/1. The sealed box wrapped
with a white cloth was opened and on opening, one
cardboard box containing one External Seagate 1TB Hard
Drive was found. The hard disk has been marked as Material
Exhibit- M-XXVIII. This is the same hard disk from which
data has been transferred in hard disk and was submitted to
the Investigating Officer of the case. The aforesaid hard disk
was kept in a box sealed with white cloth which bears his
signature and the signature of other team members. His
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signature on the cloth of Material Exhibit- M-XXVIII has been
marked as Exhibit-77/2. On opening another sealed packet,
one UDVR was found which was analyzed for extraction as
mentioned in the memorandum dated 14 -08-2021. The
UDVR has been marked as Materi al Exhibit- M-XXIX. The
said UDVR was sealed with white cloth which bears his
signature and the signature of other team members. He has
identified his signature on the cloth of Material
Exhibit- M-XXIX which has been marked as Exhibit -77/3.
Another sealed cloth packet was opened which contained one
NVR/DVR which was analyzed for extraction and data was
stored in hard disk as mentioned in memorandum dated
14-08-2021. The NVR/DVR has been marked as Material
Exhibit- M-XXX. The NVR/DVR was sealed in white cloth
which bears his signature and the signature of other team
members. He has identified his signature on the cloth of
Material Exhibit- M-XXX which has b een marked as
Exhibit-77/4. He has stated that on opening another
envelope, one pen drive of Sandisk Cruzer Blade 8 GB was
found in which the data was stored for 04 CCTV cameras and
also stored the relevant screenshots as mentioned in the
memorandum dated 14 -08-2021. The pen drive has been
marked as Material Exhibit- M-XXXI. The pen drive was
sealed in envelope which bears his signature as well as the
signature of other team members. He has proved his
signature on the envelope of Material Exhibit- M-XXXI which
has been marked as Exhibit -77/5. He has proved his
signature on the envelope of Material Exhibit- M-I which has
been marked as Exhibit-77/6. He has also proved his
signature on the envelope of Material Exhibit- M-XVI which
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has been marked as Exhibit- 77/7.
In cross-examination, he has deposed that there
was no loss of data or degeneration of data in his test. All the
submitted exhibits were in sealed condition except the
CD/DVDs which he had mentioned in the memorandum.
P.W.37 Sarban Singh was posted as a Cable Man
in the Vishwakarma Project in Dhansar Colliery of
M/s B.C.C.L. On 27-07-2021, his duty was from 09:00PM to
05:00AM in the next morning and on that shift Tej Bahadur
Ram and Madan Das were also with him. He has stated that
on 28-07-2021, he had left the factory for his house at
04:50AM on his motorcycle. The route to his house at Jag
Jivan Nagar from his factory goes via Randhir Verma Chowk.
When he was passing Randhir Verma Chowk, he had seen
an auto rickshaw deliberately going towards the left and
dashing against a person near Ganga Medical Hall. Because
it was early morning, there were very few people present.
When he crossed the injured person fallen on the road, he
had seen blood on his mouth but he did not stop as he is a
heart patient and he had got nervous on seeing blood. After
the auto had collided with the person, it continued to ply in
a normal manner and he followed the auto since his home
was on the same route. There was no number plate in the
back portion of the auto. He has stated that near Hatia More,
the auto all of a sudden stopped and a young boy aged
19-20 years came out from the auto and ran towards the
other side of the road and took an auto going towards
Randhir Verma Chowk. The offending auto, however,
continued on its onward journey. In course of investigation,
he was shown CCTV footage in the CBI office and he had
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identified himself as the motorcycle rider who was going
behind the auto. He was shown a photograph of Rahul
Kumar Verma whom he had identified as the person who
came out of the auto and ran towards the opposite side of
the road and caught a tempo going towards Randhir Verma
Chowk. He has proved the photographs of the auto which
has been marked Y/2 for identification.
In cross-examination, he has deposed that the
distance between his motorcycle and the auto was about
30-40 metres. The auto rickshaw was being driven at a speed
of 20-25 kmph. He had not given information to anyone
about the incident but later on he had disclosed the same to
the Police.
P.W.38 Dr. Asha Srivastava was working in
CFSL, New Delhi as I/c Director, CFSL, New Delhi and she
has stated that a letter bearing No. - SPL/RC05/S/21/SC -
I/New Delhi dated 09-08-2021 addressed to the Director,
CFSL, New Delhi by H.O.B., SC-I, New Delhi was received in
CFSL to conduct forensic psychological assessment, forensic
statement analysis, layered voice analysis and polygraph test
of Lakhan Kumar Verma and Rahul Kumar Verma. The
issues which were to be assessed were as follows:
“i) Whether they have prior knowledge about the
crime under reference or otherwise?
ii) Whether they are hiding any information
about the crime under reference or otherwise?
iii) Whether they are involved in the crime under
reference or otherwise?”
Thereafter, she along with Dr. Ranjeeta Kumari,
S.S.O.-I conducted the required test on Lakhan Kumar
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Verma and Rahul Kumar Verma separately. After conducting
the examination, it was concluded that Lakhan Kumar
Verma is deceptive in his statements that he was not with
Rahul Kumar Verma at the time of the incident and that he
intentionally did not hit the Judge. After conducting the
required examination on Rahul Kumar Verma, it was
concluded that he was deceptive in his statement that he was
not with Lakhan Kumar Verma at the time of the incident
and that he intentionally did not hit the Judge. The report of
both the accused has been proved and marked as
Exhibit-78. The forwarding letter addressed to H.O.B., CBI,
New Delhi has been proved and marked as Exhibit-78/1.
She had also conducted Polygraph Test with Dr.
Ranjeeta Kumari, S.S.O.-I upon Lakhan Kumar Verma and
Rahul Kumar Verma and the issues to be probed were as
follows:
“i) Whether they are telling the truth regarding
the crime under reference or otherwise?
ii) Whether they are hiding any information
about the crime under reference or otherwise?
iii) Whether they are involved in the crime under
reference or otherwise?”
After conducting the tests, the following opinion
was formulated with respect to Lakhan Kumar Verma:
“a. The analysis and evaluation of polygrams
reveal truthful response on the issue no. (i) to
(iii). According to polygraph examination and
analysis of polygrams, Lakhan Kumar Verma
is truthful in his answer on the issue no. (i) to
(iii).
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b. The analysis and evaluation of polygrams
reveal deceptive responses on the issues no.
(iv) to (ix). According to polygraphs
examination and analysis of polygrams,
Lakhan Kumar Verma is deceptive in his
answers on the issues no. (iv) to (ix).
c. No meaningful inference could be drawn on
the analysis and evaluation of polygrams of
Lakhan Kumar Verma on the issue no. (x). No
opinion, therefore, could be furnished in
respect of the issue no. (x).”
After conducting the required test on Rahul Kumar
Verma, the following opinion had been formulated:
“a. The analysis and evaluation of polygrams
reveal truthful response on the issue no. (i).
According to polygraph examination and
analysis of polygrams, Rahul Kumar Verma is
truthful in his answer on the issue no. (i).
b. The analysis and evaluation of polygrams
reveal deceptive responses on the issues no.
(ii) to (ix). According to polygraph examination
and analysis of polygrams, Rahul Kumar
Verma is deceptive in his answers on the
issues no. (ii) to (ix).”
The report of both the accused has been proved
and marked as Exhibit-79. The forwarding letter addressed
to HOB, CBI, New Delhi has been proved and marked as
Exhibit-79/1.
In cross-examination, she has deposed that as per
the tests conducted, the act of the auto colliding with the
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Judge was intentional.
P.W.39 Jayant Kumar Reddy was posted as
I.T.-In-Charge-cum-Ayushman Bharat In-Charge, SNMMCH
Dhanbad and on 31-07-2021, he had handed over the CCTV
footage of SNMMCH in a pen drive to Sri Dhananjay Kumar,
Sub-Inspector of Police, Saraidhela P.S. and he had also
handed over a certificate under Section 65B of the Evidence
Act. A seizure list was prepared which was signed by him and
two witnesses. He has proved his signature in the
production-cum-seizure list which has been marked as
Exhibit-80. He has also proved the certificate issued under
Section 65B Evidence Act which has been marked as
Exhibit-80/1. He had also handed over the relevant
documents including Bed Head Ticket, roster duty of the
doctors etc. to the Sub-Inspector of Police through a letter
dated 31-07-2021. The said letter was signed by Sri Arun
Kumar Choudhary, the then Superin tendent, SNMMCH,
Dhanbad. He has proved the letter dated 31-07-2021 which
has been marked as Exhibit-81. He has proved his signature
on the envelope in which CCTV footage was handed over to
the Sub-Inspector of Police which has been marked as
Exhibit-82.
In cross-examination, he has deposed that the
seizure list was prepared on 31-07-2021 in the Control Room
of SNMMCH, Dhanbad.
P.W.40 Dhananjay Kumar was posted as a
Sub-Inspector of Police on 31-07-2021 in Saraidhela P.S.
and he was made a member of the Special Investigation
Team. On 31-07-2021, Sri Jayant Kumar Reddy had handed
over a 64 GB Pen Drive containing the CCTV footage of the
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hospital along with a certificate under Section 65B Evidence
Act. He has proved the production-cum-seizure list of the
pen drive which has been marked as Exhibit-83. He has also
proved the production-cum-seizure list of Duty Roster
Register, Nurses on Duty Register produced by Sri Ajay Hadi,
Clerk in SNMMCH, Dhanbad which has been marked as
Exhibit-84. He has proved his signature on the envelope
which contained the CCTV footage of the hospital in a pen
drive which has been marked as Exhibit-82/1. He has also
proved the production-cum-seizure list of the original Bed
Head Ticket of Uttam Anand which has been marked as
Exhibit-85.
In cross-examination, he has deposed that the Bed
Head Ticket contains the details of the treatment given to the
patient.
P.W.41 Gultan Poddar runs a jewelry shop and is
a goldsmith and he has stated that his sister and brother-in-
law stay at Digwadih No. 12. He knows Rahul Verma for the
last 3-4 years and he also stays at Digwadih. On 21-07-2021,
Rahul had asked his nephew to lend him Rs. 700/- and since
his nephew did not have Rs. 700/- in his possession, he was
requested to pay the amount to Rahul Verma. When he called
Rahul and asked the reason for taking a loan of Rs. 700/-,
Rahul had stated that if he is given Rs. 700/ - and an
old mobile phone, he will give back a phone worth
Rs. 10,000/-. He has stated that on the same day at
07:30PM, he had transferred an amount of Rs. 700/ - to
Rahul through PhonePe and thereafter till 27 -07-2021,
Rahul did not pick up his phone. On 27-07-2021, Rahul had
called him and disclosed that he could not arrange for a
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mobile and he requested for a further amount of Rs. 300/-.
When he had gone to give the money, Rahul was seen
standing with another person near the roadside. He has
further stated that on 28-07-2021 at 09:00AM, Rahul called
him and asked him to come to Di Nobili More, Digwadih
No. 12 in order to take the phone of the brother of Rahul as
he had not been able to arrange another phone. He and his
nephew had gone to the said place, but Rahul could not be
found and his phone was also found switched off. During CBI
investigation, he was shown a photograph and he had
identified the person in the photograph as the person
standing with Rahul near the roadside. The CBI officials had
disclosed the name of the person shown in the photograph
as Lakhan Kumar Verma.
In cross-examination, he has deposed that he is
not involved in the sale and purchase of mobiles.
P.W.42 Dr. Surbhi Mathur was working in the
National Forensic Science University, Gandhi Nagar, Gujarat
and she has stated that on 03-09-2021, one yellow color A4
size parcel duly sealed with tape containing three different
parcels was received in NFSU. After opening the same, there
were three separate parcels. One orange color parcel was
marked parcel 1/1, the white colored envelope was marked
parcel 1/2 and one brown color C.D. mailer envelope was
marked as parcel 1/3. In parcel 1/1, there was a Sandisk
Pen Drive in which there were four videos and eleven
snapshots for forensic analysis. The parcel 1/2 contained
one Sandisk 16 GB Red and Black Color SDHC Card over
which description of 404 images was mentioned. The parcel
1/3 contained one SDHC UHS -1 Card 16 GB red and black
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colored memory card containing 36 video clips. The
examination was conducted as per the questionnaire
provided by the CBI, details of which are as under:
“1. Whether the Auto-Rickshaw (Tempo) seen in
the CCTV Camera footage of the incident
dated 28.07.2021 and the Auto -Rickshaw
(Tempo) seized during investigation in the
instant case which has been used by CFSL,
New Delhi during recreation of the Scene of
Crime on 08.08.2021, as seen in the
videos/photographs of recreation of the Scene
of Crime taken by CFSL, New Delhi, are one
and the same Auto- Rickshaw or otherwise?
2. Whether the Auto Rickshaw (Tempo) seized
during investigation in the instant case which
has been used by the CFSL, New Delhi during
recreation of Scene of Crime is the same Auto-
Rickshaw (Tempo) which is seen ramming
upon the Late Judge Uttam Anand in the
morning around 05:08:30hrs on 28.07.2021
as seen in the aforesaid CCTV Camera
Footages Randhir Verma Chowk, Dhanbad?
3. Any other valuable opinion relevant to the
incident, Experts may like to offer on the basis
of aforesaid materials forwarded by CBI.”
The Exhibits were thoroughly examined and
enhanced by using the forensic tool “AMPED FIVE
Professional version 10039” and enhanced frames were
analyzed. “FTK imager version ADI4.5.0.3” was used to
create the working copy of Exhibits received and the hash
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value of the Exhibits was also generated. After scientific
examination of CCTV footage of the incident and the auto
rickshaw seized during investigation, some peculiar
characteristics were observed in the vehicle in the submitted
Exhibits and reference images which are as under:
“1.1. The Auto-Rickshaw (Tempo) seen in the exhibit
as well as the one found in the reference image
is YELLOW AND GREEN in color.
1.2. The windshield of the Auto-Rickshaw (Tempo)
seen in the exhibit as well as the one found in
reference image have some peculiar pink
design on the upper left of the windshield.
1.3. Similar pattern was observed at the centre
bottom of the windshield of the Auto-Rickshaw
(Tempo) seen in the exhibit as well as the one
found in reference image.
1.4. On the left side just below the pink design
some white colored pattern in similar format is
observed in Auto- Rickshaw (Tempo) seen in
the exhibit as well as the one found in
reference image.
1.5. On the top of the Auto-Rickshaw (Tempo) in
exhibit as well as its reference image, as
distinct “BLUE LUGGAGE CARRIER" can be
observed.
1.6. The seat of the Auto -Rickshaw (Tempo)
appears to be in blue color as seen in the
exhibit as well as the one found in reference
image.
1.7. A visible mark can be identified on the yellow
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band right below the windshield in the exhibit
as well as the one found in reference image.”
On scientific analysis of the auto rickshaw seized
during investigation and used during recreation of SOC and
auto rickshaw which is seen ramming the deceased Uttam
Anand, some positive characteristics were observed in the
vehicle in the submitted Exhibits and reference images which
are as under:
“2.1 The Auto-Rickshaw (Tempo) seen in the exhibit
as well as the one found in the reference image
is YELLOW AND GREEN in color.
2.2 The backseat of the Auto-Rickshaw (Tempo)
seen in the exhibit as well as the one found in
reference image appears blue in color.
2.3 On the top of the Auto-Rickshaw (Tempo) in
exhibit as well as its reference image, as
distinct “BLUE LUGGAGE CARRIER" can be
observed.
2.4 A similar frame including footrest and light
guard is observed on the lower backside of the
Auto-Rickshaw (Tempo) seen in the exhibit as
well as the one found in reference image.
2.5 The back gate of the Auto-Rickshaw (Tempo) is
open as seen in the exhibit as well as the one
found in reference image.
2.6 A similar yellow patch is observed right side of
the Auto-Rickshaw (Tempo) seen in the exhibit
as well as the one found in reference image.”
After scientific examination and analysis of the
Exhibits, the opinion on the same was given by her and Sri
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Nilay Mistry, Senior Assistant Professor, NFSU which is as
under:
“1. The Auto-Rickshaw (Tempo) seen in the CCTV
Camera footage of the incident dated
28.07.2021 and the Auto- Rickshaw (Tempo)
seized during investigation in the instant case
which has been used by CFSL, New Delhi
during recreation of the Scene of Crime on
08.08.2021, as seen in the
videos/photographs of recreation of the Scene
of Crime taken by CFSL, New Delhi, appears
to be same in all probabilities.
2. The Auto Rickshaw (Tempo) seized during
investigation in the instant case which has
been used by the CFSL, New Delhi during
recreation of Scene of Crime, appears to be
same in all probabilities to the Auto-Rickshaw
(Tempo) which is seen ramming upon the Late
Judge Uttam Anand in the morning around
05:08:30 hrs. on 28.07.2021 as seen in the
aforesaid CCTV Camera Footage Randhir
Verma Chowk, Dhanbad.
3. After the in-depth scientific examination of the
suspected Auto-Rickshaw (Tempo) seen in the
CCTV footages of the incident dated
28.07.2021, submitted by CBI, New Delhi, two
individuals seem to be sitting on the front seat
of the vehicle.”
The report which was submitted has been proved
and marked as Exhibit-86. The forwarding letter addressed
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to S.P., CBI, SC- II, New Delhi has been marked
as Exhibit-86/1. The envelope containing Material
Exhibit- M-XXXI has her signature which has been identified
by her and which has been marked as Exhibit-87. She has
also identified her signature on the envelope having Sandisk
16 GB SDHC Card having 404 images. The seal along with
her signature has been collectively marked as Exhibit-88.
The sheets which were having screenshots of inside of
Sandisk SDHC UHS -1 and description of Sandisk SDHC
UHS-1 have been collectively marked as X/3 for
identification. The SD card which contains 404 images has
been marked as Material Exhibit - M-XXXII. She has
identified her signature on the envelope containing one
Sandisk Ultra SDHC 16 GB Memory Card containing
36 video clips and her signature and seal have been
collectively marked as Exhibit-89. The said SD card has been
marked as Material Exhibit- M-XXXIII.
P.W.43 Sugani Devi has stated that last year she
had purchased an auto bearing Registration No. JH10R0461
from Birendra Tiwary on a consideration amount of
Rs. 48,000/-. It was Gopal Prasad who was the driver of the
auto who had plied the auto 4-5 days prior to its theft. On
27-07-2021, the driver did not come as a result of which the
auto remained standing beside a tree near her house. She
has stated that on 27-07-2021 at 10:00PM, she and her
family members after having dinner had gone to sleep and
when at 03:00AM she got up and went outside, she did not
find the auto. A search was made but the auto could not be
found as a result of which her father-in-law had gone to
Patherdih P.S. and made a complaint and ultimately , on
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29-07-2021, a case of theft was registered. She has identified
the auto rickshaw from the photographs and videos
produced by the CBI officials. The thieves had mutilated the
number plates of the auto.
In cross-examination, she has deposed that she
had not witnessed the theft of her auto.
P.W.44 Rajesh Kumar was posted as Dy. S.P.
(Traffic), Dhanbad and on 29-07-2021 in order to investigate
Dhanbad P.S. Case No. 300/2021 on the orders of the
Director General of Police, a Special Investigation Team was
constituted in which he was selected as one of the members.
The photocopy of the order of the Director General of Police
as contained in Memo No. 182/NGO dated 29 -07-2021 has
been marked as X/04 for identification. He had sent a letter
to the Executive Engineer, Road Construction Department,
Road Division, Dhanbad seeking for the sketch map from
Randhir Verma Chowk to the place of occurrence and the
same letter has been marked as X/05 for identification.
Pursuant to the said letter, the sketch map was made
available to him by the Executive Eng ineer, Road
Construction Department, Road Division, Dhanbad.
In cross-examination, he has deposed that the
sketch map consisted of 5 pages.
P.W.45 Rajdeo Singh was posted as an
Officer-in-Charge of Jorapokhar P.S. and he has stated that
on 30-07-2021, he had sent a certified copy of Sanha No. 16
dated 31-07-2020 to the S.D.P.O., Sindri wherein description
has been given of 09 stolen mobiles recovered from the house
of Rahul Kumar. He has proved Sanha No. 16 da ted
31-07-2020 which has been marked as Exhibit-91. He has
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proved the photocopy of Memo No. 1152/2021 dated
10-08-2021 which is the forwarding of the Sanha by
S.D.P.O., Sindri to Sr. S.P., Dhanbad and which has been
marked as Exhibit-X/06 for identification. He has also
proved the photocopy of letter No. 1574 dated 10-08-2021 by
which the Sanha was provided by the Senior S.P., Dhanbad
to A.S.P., CBI, S.C.-2 and which has been marked as X/07
for identification. He has proved the letter dated 24-08-2021
and the FIR, Charge Sheet and Sanha in connection with
Jorapokhar P.S. Case No. 32/2018 and these have been
collectively marked as Exhibit-92.
In cross-examination, he has deposed that the FIR
and other documents in connection with Case No. 32/2018
was obtained from his office and handed over the same to the
CBI after certifying them.
P.W.46 Dilip Kumar Mahato was posted at CID,
Ranchi since the year 2009 and on the orders of the higher
officials of CID, he had come to Dhanbad and had gone to
the place of occurrence where he had taken photographs. He
had handed over the photographs to the Investigating
Officer. He has proved the photographs which have been
marked as Exhibit-93 to Exhibit-93/07. On the same day, he
had gone to the premises of Dhanbad P.S. and had taken the
photographs of the seized auto rickshaw which were handed
over to the Investigating Officer. He has proved the
photographs which have been marked as Exhibit -94 to
94/05. He has produced the soft copy of the photographs
in a C.D. which has been marked as Material
Exhibit- M/XXXVI. The certificate given by him in terms of
Section 65B Evidence Act has been proved and marked as
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Exhibit-95.
In cross-examination, he has deposed that the
photography was done by him on the orders of his higher
officials.
P.W.47 Amrendra Kotwar was posted at
Parthardih P.S. and on 30-07-2021 in connection with
Parthardih P.S. Case No. 18/2021 lodged by Sugani Devi for
theft of her auto, he had seized the keys of the auto. He has
proved the photocopy of the seizure list which has been
marked as X/08 for identification.
In cross-examination, he has deposed that the
seizure list was prepared in the house of Sugani Devi.
P.W.48 Amit Joshi has stated that he had joined
Kwick Soft Solution in the year 2020 and on the request of
CBI and CFSL, New Delhi he along with Shri Inder Dhingra,
Regional Manager, Kwick Soft Solution visited Dhanbad in
connection with the present case. On 07 -08-2021 at
11:00AM, he along with Inder Dhingra, CFSL team, CBI team
and the witnesses and accused persons had visited the place
of occurrence. The CFSL team had carried out the inspection
on the scene of crime and collected the blood-stained soil
sample and control soil sample from the side of the road near
Ganga Medical Hall and the same was sealed into envelopes.
The photography and videography at the place of occurrence
and in and around area was done by the CFSL team. He had
conducted digitization of the scene of crime in 3D. A
memorandum was also prepared regarding the proceedings
conducted on 07-08-2021 and he along with the other
witnesses had signed on the said memorandum. On
08-08-2021, the team had once again visited the place of
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occurrence and the CFSL team had recreated the scene of
crime with the help of a person used as auto driver and one
CBI official acting as a co-passenger. One person was used
as a dummy of the deceased Uttam Anand. The photography
and videography of the recreated scene of occurrence was
done by the CFSL team. He had conducted digitization of the
scene of crime in 3D. A memorandum was prepared
regarding the proceedings conducted on 08-08-2021 which
was signed by the team members of CBI, CFSL and other
witnesses including himself and Inder Dhingra. He has
stated that on 21-09-2021, he had submitted his report
regarding the digitization of the scene of crime in 3D to the
CBI. As per his report, the angle of impact is 20.9 degree and
critical maximum speed of auto was 25-26 kmph. The report
which is in 24 pages has been collectively marked as Exhibit-
95. The 32GB Sandisk SD Card in which the actual raw scan
data was stored by him at the time of conducting 3D
digitization on 07-08-2021 and 08-08-2021 has been
marked as Material Exhibit- M-XXXV. The pen drive has
been marked as Material Exhibit- M-XXXVI. The certificate
issued under Section 65B Evidence Act has been proved and
marked as Exhibit-96.
In cross-examination, he has deposed that in his
report there is no chance of data tampering.
P.W.49 Umesh Prasad Singh was posted as
Inspector of Police-cum-S.H.O. in Govindpur P.S. and he has
stated that on 29-07-2021, he had received CCTV footages
from 7 cameras from Mahendra Tiwary, Technical Engineer,
S.S.P. Office, Dhanbad which he had seized. On the same
day at 05:00PM, the CCTV footage of camera nos. 8 and 16
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of dated 28-07-2021 between 05:15AM to 05:35AM was
copied to a 16GB pen drive by Jani Babu, CCTV Operator,
City Fuels Petrol Pump and was handed over to him and he
had prepared a production-cum-seizure list. He has stated
that on 31-07-2021, he had received from Mahendra Tiwary
the CCTV footage from 16-07-2021 to 28-07-2021 relating to
the morning walk of Uttam Anand and he had prepared a
production-cum-seizure list. On the same day, Jani Babu
had produced before him a DVR whose serial no. was
5AC8B233PA507723 along with a charger and he had
prepared a production-cum-seizure list. An envelope in
which it was written M.R. No. 744/2021 was produced before
him and inside the said envelope, there was another envelope
and he had recognized his signature on the said envelope as
well as the signature of Jani Babu and two witnesses. From
the envelope, a 16GB Sandisk Pen Drive was taken out which
contains the CCTV footages of camera nos. 8 and 16 of City
Fuels Petrol Pump and which has already been marked as a
material exhibit. He has proved his signature as well as the
signature of Mahendra Tiwary, Sumant Kumar and
Karyanand Singh in the envelope which was inside the
envelope bearing M.R. No. 743/2021 and which has been
marked as Exhibit-97. He has also proved his signature as
well as the signatures of Jani Babu, Md. Zafar Iqbal Ansari
and Md. Dulal Ansari on a paper pasted in an UDVR which
has been marked as Exhibit-98. He has proved his signature
and the signatures of Mahendra Tiwary and two witnesses
on the paper pasted on the hard disk which has been marked
as Exhibit-99.
In cross-examination, he has deposed that he had
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prepared the seizure list at the places from where the
exhibits were seized.
P.W.50 Amar Kumar Pandey was posted as
Dy. S.P. HQ-1, Dhanbad and he has stated that on
28-07-2021, he had gone to the District Control Room and
had taken note of the CCTV footages of 28-07-2021 from
05:08:39AM to 05:17:00AM and had thereafter prepared an
analyzed report. The said report has been proved and marked
as Exhibit-100. On the same day, he had taken note of the
movement of vehicles from the CCTV footages and had
prepared an analyzed report which has been proved and
marked as Exhibit-101. He had verified the CCTV footages of
28-07-2021 from prior to 05:00AM and he had found the
place of occurrence to be at a distance of 45 metres from
Randhir Verma Chowk. At around 05:08:23AM, the deceased
was moving towards the Police Kendra and as soon as he
reached Ganga Medical Hall at 05:08:25AM, an auto was
seen coming from S.S.L.N.T. College and had taken a turn
at Randhir Verma Chowk. He has stated that at 05:08:30AM,
the auto-rickshaw speedily came and deliberately dashed the
deceased Uttam Anand from behind. The auto did not stop
and continued in its journey towards Police Kendra. The
features of the offending auto was noted by him in his report
which has been proved and marked as Exhibit-102. He had
made a physical inspection of the auto and after noting its
features, came to a conclusion that it was the same auto
which was shown in the CCTV footage. The report submitted
by him in that context has been proved and marked as
Exhibit-103. He had also submitted a report with respect to
the pattern of morning walk of the deceased Uttam Anand
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and he had submitted a report which has been proved and
marked as Exhibit-104. He had prepared a chart indicating
the time of morning walk of Uttam Anand from
16-07-2021 to 27-07-2021 and the said chart has been
proved and marked as Exhibit-105.
In cross-examination, he has deposed that the
CCTV footage pertaining to the morning walk of the deceased
Uttam Anand from 18-07-2021 to 20-07-2021 could not be
made available due to technical reasons.
P.W.51 Kritee Sinha is the informant and the wife
of the deceased who has stated that on 28-07-2021, her
husband Uttam Anand had gone out of his house at 05:00AM
for morning walk. Her husband used to frequently go out for
morning walk and he used to return home after 25 -30
minutes. On 28-07-2021, when her husband did not return
back even at 07:00AM, she became restless and worried and
she started enquiring from the staffs and the bodyguard and
she had sent them to find out the whereabouts of her
husband. She has stated that around 08:00AM, a call came
from her brother who is posted in Rajasthan that
her husband has suffered an accident. In between
10:30-11:00AM, she came to know that her husband is no
more. On enquiry, she came to know that some local persons
had got her husband admitted in a serious condition in
SNMMCH. In the meantime, a video had gone viral and it
appears on seeing the video that the auto rickshaw driver
had deliberately dashed against the head of her husband
which resulted in his death. She has proved the written
report submitted to the Officer-in-Charge, Dhanbad P.S. and
which has been marked as Exhibit-106. She has stated that
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her husband had come to Dhanbad after being transferred
from Tenughat. As per her assessment, her husband did not
have animosity with anyone and he was never perturbed
about his work. He never would discuss his official work at
home.
In cross-examination, she has deposed that she
had instituted the First Information Report against an
unknown auto driver.
P.W.52 Amit Kumar was posted as Dy. S.P.-CBI
and he has stated that in the present case, he was a member
of the SIT of CBI from the very inception. On 12-08-2021 at
12:30PM, the accused Rahul Kumar Verma had handed him
a T-shirt and a blue jeans which he had worn on the date of
the incident which was sealed and a seizure list was
prepared. He has proved the seizure list and the photocopy
of the sample of seal which have been collectively marked
as Exhibit-107. He has stated that on the same day at
12:45PM, the accused Lakhan Kumar Verma had handed
him one black colored T-shirt and a blue jeans which he had
worn on the date of the incident and he had prepared a
seizure list of the said wearing apparels. He has proved the
seizure list and photocopy of the sample of the seal which
have been collectively marked as Exhibit-108. On the same
day at 12:45PM, Lakhan Kumar Verma had handed him a
piece of old shoes which he had worn on the date of the
occurrence for which a seizure list was prepared. The seizure
list and the photocopy of the sample of seal have been
collectively marked as Exhibit-109. On the same day at
07:45PM, the Officer-in-Charge of Dhanbad P.S. had handed
him an Airtel SIM card recovered from the bag of Rahul
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Kumar Verma for which a seizure list was prepared. The
seizure list and the photocopy of the sample of seal have
been collectively marked as Exhibit-110. At the same time,
the Officer-in-Charge, Dhanbad P.S. had handed him the
unexamined blood and urine samples of the accused and he,
after seizing the articles, had prepared a seizure list. He has
proved the seizure list and the photocopy of the sample of
seal which have been collectively marked as Exhibit-111. The
Officer-in-Charge Dhanbad P.S. had also handed him over
the bag of Lakhan Kumar Verma which was seized from the
house of his sister and he had prepared a seizure list which
has been marked as Exhibit -112. He has proved his
signature on the envelope containing the clothes of Rahul
Kumar Verma which has been marked as Exhibit-113. The
T-shirt and blue jeans seized from Rahul Kumar Verma have
been marked as Material Exhibit- M-XXXVII and M-XXXVIII
respectively. He has also proved his signature on the
envelope containing the wearing apparels of Lakhan Kumar
Verma which has been marked as Exhibit-113/1. The T-shirt
and jeans seized from Lakhan Kumar Verma ha ve been
marked as Material Exhibit - M-XXXIX and M -XL
respectively. A bundle of cloth which contained the clothes
of Lakhan Kumar Verma had his signature which have been
marked as Exhibit-113/2. The shoes have been marked as
Material Exhibit- M-XLI. He has identified his signature on
the bundle of clothes which contained the unexamined blood
and urine samples of the accused which has been marked as
Exhibit-113/3.
In cross-examination, he has deposed that he had
prepared the seizure list in the CBI, SIT Camp Office,
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Dhanbad.
P.W.53 Ramesh Baitha has stated that on
28-07-2021, he had left for morning walk at 04:30AM along
with his friends Banarsi Sao, Ravi Shankar Yadav and
Brajesh Kumar. At about 05:00AM, they were going from
Randhir Verma Chowk towards Police Line and near Ganga
Medical he had seen a person lying in a pool of blood in an
injured condition. He and his friends went ahead with their
morning jogging and on the next day, he came to learn that
the injured person was the Additional Sessions Judge,
Dhanbad.
In cross-examination, he has deposed that he had
briefly stopped near the injured, but he could not bear the
sight of blood and, therefore, he went ahead. He had not
informed the police about the incident.
P.W.54 Vinay Kumar was posted as an
Officer-in-Charge of Dhanbad P.S. and he has stated that on
28-07-2021 at 09:00AM, Saurabh Sao had come to the Police
Station and disclosed that he is the bodyguard of Uttam
Anand, A.D.J-VIII, Dhanbad and he had also stated that
Uttam Anand had left for his morning walk, but he has not
returned. On this information, Sanha No. 13/21 was entered
by him and he left the Police Station along with his force and
Sourabh Sao in search of Uttam Anand. The photocopy of
the Sanha has been marked X/9 for identification . The
certified copy of the Sanha has been proved and marked as
Exhibit-114. The certified copy of the Sanha was sent to the
CBI through a forwarding letter. The forwarding letter has
been proved and marked as Exhibit-114/1. He has proved
the screenshot of the photos of the Judge in the WhatsApp
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which has been marked as X/10 for identification. He had
gone to SNMMCH, Dhanbad where it was ascertained that
the person who was admitted to the hospital in an injured
condition and who died was Uttam Anand, A.D.J. -VIII,
Dhanbad. On the same day, he had m ade a request to the
Senior S.P., Dhanbad to constitute a Medical Board to
conduct post-mortem of the deceased and depute a
Magistrate and also to video graph the post-mortem. He has
proved the photocopy of the request letter which has been
marked as X/11 for identification. Pursuant to the said
letter, the Deputy Commissioner, Dhanbad had directed the
Sub-Divisional Officer for constitution of a Medical Board to
conduct the post-mortem of Uttam Anand and video graph
the entire exercise, a copy of which was also sent to the
Senior S.P., Dhanbad and others. He had received the copy
with Memo No. 3307 which has been proved and marked as
Exhibit-115. On 28-07-2021, a written report given by
Smt. Kritee Sinha, wife of Uttam Anand was received at
Dhanbad P.S. which was registered as Dhanbad P.S. Case
No. 300/21 and he had taken over the investigation. The
endorsement on the written report has been proved and
marked as Exhibit-106/1. The First Information Report has
been proved and marked as Exhibit-116. He had inspected
the place of occurrence besides the road near Ganga Medical
Hall situated at Randhir Verma Chowk. On inspection of the
place of occurrence and on his direction, Vishwajeet Kumar
Chetan, Sub-Inspector of Police had prepared a sketch map
and observation report of the place of occurrence. The same
has been proved and marked as Exhibit-117. From the place
of occurrence, he had collected broken glasses, broken pieces
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of fiber and cotton with blood stains and a seizure list was
prepared by Vishwajeet Chetan. In course of investigation,
the photographs of the auto derived from the CCTV footages
and of the suspected accused were used at the time of
investigation in Railway Station and Bus Stand and it was
learnt that one of the persons in the auto was present in the
auto stand. He has stated that on such information, he had
apprehended the said person who had disclosed his name as
Rahul Kumar Verma and he had admitted his involvement
in the offence. Rahul Kumar Verma was arrested and an
Arrest Memo was prepared which has been marked as
Exhibit-118. From the possession of Rahul Kumar Verma,
four mobiles and a SIM card were recovered and a seizure
list was prepared which has been proved and marked as
Exhibit-119. The Police team had arrested Lakhan Kumar
Verma from Giridih along with the auto. On 29-07-2021, on
the orders of Sri Neeraj Sinha, D.G.P. Jharkhand, a Special
Investigation Team was constituted, of which he was also one
of the members. An observation report was prepared at his
instance on 29-07-2021 of the seized auto and the said
report has been marked as Exhibit-120. On 29-07-2021, he
had sent a notice under Section 91 Cr.P.C. to the Municipal
Commissioner to produce the DVR of the CCTV cameras
connected to Randhir Verma Chowk and the said notice has
been marked as Exhibit-121. He had also sent a notice to Sri
Vivek Tulsyan, Director, Maple, PC and Peripheral Ltd.,
Jamshedpur which has been marked as Exhibit-122. He had
sent a requisition to the Medical Officer, SNMMCH for
collecting the urine samples of Rahul Kumar Verma and
Lakhan Kumar Verma to ascertain as to whether any traces
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of alcohol or psychotropic substances are found or not. He
has proved the letter addressed to the Motor Vehicles
Inspector for a mechanical inspection of the auto bearing
Registration No. JH10R0461 which has been marked as
Exhibit-124. The District Transport Officer, Dhanbad in
response to his letter dated 30-07-2021, had sent a letter to
the effect that no license was ever issued in the name of both
the accused persons. On 31-07-2021 he had sent a letter
containing Memo No. 2692 addressed to Dr. Kumar
Shubhendu, F.M.T. Department, SNMMCH, Dhanbad
making queries on 5 points pursuant to the receipt of the
Autopsy Report which has been proved and marked as
Exhibit-125. The comments on the aforesaid letter was given
by Dr. Kumar Shubhendu vide Memo No. 405/F.M. T. He has
stated that on 31-07-2021, he had filed two separate
applications before the Chief Judicial Magistrate, Dhanbad
in the present case for adding Section 201/34IPC. The
separate applications have been proved and marked as
Exhibit-126 and 127. On 31-07-2021, the DVR in the CCTV
Control Room was handed over to him by the Assistant
Engineer, Dhanbad Municipal Corporation which was seized
and a seizure list was prepared. The same has been proved
and marked as Exhibit-128. He had made an application
before the Chief Judicial Magistrate, Dhanbad to enclose the
exhibits collected from the place of occurrence in the records
of the case and the said application has been proved and
marked as Exhibit-129. Another application was given by
him to the Chief Judicia l Magistrate, Dhanbad for
examination of the blood samples of the accused and the
same has been marked as Exhibit-130. On such application,
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permission was granted by the Court to collect the blood
samples of the accused by a Medical Officer. He had sent an
application to the Chief Judicial Magistrate, Dhanbad for
permission to send the seized articles to the State Forensic
Science Laboratory and this application has been proved and
marked as Exhibit-131. In the context of the said application,
a forwarding letter was sent on the order of the Court to the
Director, SFSL to examine as to whether there is presence of
alcohol or psychotropic substance in the blood and urine
samples of the accused. The same has been marked as
Exhibit-132. A forwarding letter was also sent to the Director
SFSL to match the DNA of the accused with the seized
articles and the same has been marked as Exhibit-133. On
01-08-2021, he had sent an application to the Chief Judicial
Magistrate, Dhanbad seeking permission to send the auto
rickshaw for examination to the SFSL, Ranchi and the said
application has been proved and marked as Exhibit-134. In
the context of the said letter, a forwarding letter was sent
from the Court to the Director, SFSL for examination of the
auto rickshaw and the said communication has been proved
and marked as Exhibit-135. He has further stated that a
letter dated 01-08-2021 was addressed to the District
Manager by the S.S.P., Dhanbad for making available the
bank account details of Lakhan Kumar Verma, Rahul Kumar
Verma, Ramdev Vishwakarma, Shravan Singh and Gopal
Prasad Verma. He has identified the signature of Sri Sanjeev
Kumar, S.S.P., Dhanbad on the said letter which has been
marked as X/12 for identification. He had sent an
application to the Civil Surgeon-cum-Chief Medical Officer,
Dhanbad for assessing the age of Lakhan Kumar Verma and
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Rahul Kumar Verma by a Medical Board. The said
application has been proved and marked as Exhibit-136. On
03-07-2021, he was in receipt of a letter dated the same day
from the S.S.P., Dhanbad wherein it was mentioned that
G.C.V. and Scape instruments are not available in SFSL,
Ranchi and as such, he was directed to get the exhibits
analyzed by a different institute in response to which, he had
made a separate application to the S.S.P., Dhanbad and
Chief Judicial Magistrate, Dhanbad to collect the
unexamined articles from SFSL, Ranchi. The Court had given
him permission to take back the unexamined articles. All the
applications/communications have been collectively proved
and marked as Exhibit -136. He has proved the
communication dated 05-08-2021 received from the S.S.P.,
Dhanbad to hand over the charge of investigation along with
all the documents to the CBI team and the photocopy of the
same has been marked as X/13 for identification. In terms
of the said letter, he had handed over the documents as well
as the exhibits to Vijay Kumar Shukla, Addl. S.P., C.B.I.,
SC-II, New Delhi and a production-cum-seizure list was
prepared which has been marked as Exhibit -137. He had
also sent a letter to the Investigating Officer, CBI regarding
the handing over of the documents and exhibits which has
been marked as Exhibit-138. He had made available to the
CBI, 12 photographs of the accused through a letter dated
11-08-2021 and the said letter has been proved and marked
as Exhibit-139. The photographs have been marked X/14 to
X/25 for identification. He has also proved the letter dated
12-08-2021 providing the sealed packet of the unexamined
blood and urine samples of the accused to Dy. S.P., CBI and
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the said forwarding letter has been marked as Exhibit-140.
On 12-08-2021 itself, he had sent a forwarding letter and a
seizure list along with a bag recovered from the accused
Lakhan Kumar Verma and handed it over to Sri Amit Kumar,
Dy. S.P., CBI. The forwarding letter has been proved and
marked as Exhibit-141. He has also proved the letter dated
14-08-2021 sent to the Investigating Officer, CBI along with
the Crime Scene Profiling Report of DFSL, Gandhi Nagar,
Gujarat which has been marked as Exhibit -142. The
documents with respect to the criminal history of the
accused were sent to the Investigating Officer, CBI through
a letter dated 25-08-2021 and the entire documents have
been marked as X/26 for identification. The Investigating
Officer of CBI was also handed over the report of FSL, Ranchi
of analysis of the place of occurrence, collection of evidence
and recreation of the crime scene through a letter dated
28-08-2021 which has been marked as Exhibit -143. The
Memo No. 362 dated 27-08-2021 having the signature of Sri
Sanjay Anand Latekar, A.D.G.P. (Operations) has been
marked as Exhibit-144. He had also submitted to the
Investigating Officer, CBI, a letter dated 20-09-2021 along
with the Bio/DNA, Physics Test Report and the same has
been marked as Exhibit-145. In course of investigation, he
had recorded the statements of the witnesses and had seized
various articles. He has identified both Lakhan Kumar
Verma and Rahul Kumar Verma who had been produced
through video conferencing.
In cross-examination, he has deposed that he does
not have any information as to whether a recce was carried
out by the accused persons of the place of occurrence or not.
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P.W.55 Dr. Ravi Shankar was posted as an
Assistant Professor in the Clinical Pathology Department in
SNMMCH and on 29 -07-2021, he had taken the urine
sample of Lakhan Kumar Verma and Rahul Kumar Verma
and he had handed over a sample handover slip to Roshan
Tigga. He has proved the sample handover slip which has
been marked as Exhibit-146. He has proved the signatures
of Dr. B.C. Banerjee, H.O.D. Pathology Department and
Harendra Mahto, Technician on the envelope containing the
urine sample of Lakhan Kumar Verma which have been
marked as Exhibit-147 and 147/1. He has also proved the
signatures of Dr. B.C. Banerjee and Harendra Mahto on the
envelope containing the urine sample of Rahul Kumar Verma
which have been marked as Exhibit-148 and 148/1. He has
proved the receiving of the urine sample by Roshan Tigga
which has been marked as Exhibit -149/1, while his
signature on the Indoor Pathology Register at page no. 294,
entry no. 13285/60 has been marked as Exhibit-149.
In cross-examination, he has deposed that he had
not examined the urine sample taken from Lakhan Kumar
Verma and Rahul Kumar Verma.
P.W.56 Dr. Shaoor Nazish was posted as a Tutor,
Pathology in SNMMCH, Dhanbad and on 31 -07-2021, he had
taken the blood samples of Lakhan Kumar Verma and Rahul
Kumar Verma for the purposes of DNA matching. He has
proved the E.M.O.P.D. Slip No. 6682 and 6683 dated
31-07-2021 which have been marked as X/27 and X/28 for
identification. He has proved his signature as well as the
signatures of Harendra Mahto, Technician and Roshan
Tigga, P.S.I. on the sealed envelope containing the blood
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samples of Lakhan Kumar Verma and Rahul Kumar Verma
which have been marked as Exhibit -150 and 151
respectively. He has proved his signature on the entry made
in the Indoor Pathology Register of Rahul Kumar Verma and
Lakhan Kumar Verma which have been marke d as
Exhibit-152 and 153 respectively. The receiving of the blood
sample of Rahul Kumar Verma and Lakhan Kumar Verma
have been proved and marked as Exhibit-152/1 and 153/1
respectively.
In cross-examination, he has deposed that he had
asked for the accused their names, but he had not seen any
identity proof.
P.W.57 Vijay Kumar Shukla was posted in
Special Crime-II Branch of CBI, New Delhi and he has stated
that the present case was transferred to CBI after which the
case was re-registered as RC No.- 5(S)/2021-New Delhi dated
04-08-2021 under Section 302 IPC. He has proved the FIR
which has been marked as Exhibit-154. The photocopy of the
notifications of the State Government and Central
Government have been marked as Exhibit -154/1 and
Exhibit-154/2. After re-registration of the case, he was
nominated as the Investigating Officer. After receipt and
perusal of the First Information Report on 04-08-2021, he
had sent a letter to the Director, CFSL, New Delhi to depute
a team comprising of experts from various divisions of CFSL
to visit the scene of crime at Dhanbad for inspection and
other proceedings relating to the case. He has proved the
office copy of the said letter which has been marked as
Exhibit-X/29 for identification. On 05-08-2021, he along
with the team had reached Dhanbad and received the case
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diaries, all the relevant documents and case property relating
to the case from Sri Vinay Kumar, S.H.O., Dhanbad P.S. and
Investigating Officer through production-cum-seizure memo
dated 05-08-2021. He had also received a forwarding letter
dated 05-08-2021 from S.H.O., Dhanbad P.S. regarding
handing over the said documents and material exhibits to
him relating to the present case. He has stated that on
07-08-2021, a multidisciplinary team of CFSL, New Delhi,
CBI team, independent witnesses and one Shamsuddi n
Ansari, who played the role of a dummy assembled at CBI
Camp Office, Dhanbad along with accused Lakhan Kumar
Verma and Rahul Kumar V erma who were also present in
police custody. Thereafter, all the said persons proceeded to
the scene of crime at Randhir Verma Chowk near Ganga
Medical Hall for reconstruction and inspection of the scene
of crime. An independent witness, Ms. Sheela Hansda had
identified the place where she found Uttam Anand in a
bleeding and unconscious condition and from where she
took him to the hospital in the morning of 28-07-2021. The
CFSL team had inspected the scene of crime and had
collected blood-stained soil and had seized the same. The
scene of crime was also recreated with the assistance of
Shamsuddin Ansari who was used as a dummy showing his
position in place of Uttam Anand. Mr. Amit Joshi of Kwick
Soft Solution Pvt. Ltd. along with his team took the
photographs of the scene of crime and all the proceedings in
3D. The CFSL team had also taken photographs and had
done videography of the scene of crime and in and around
areas. A memorandum dated 07 -08-2021 was prepared at
the spot by mentioning all the proceedings which were signed
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by the members including him. On 08-08-2021, the above
team again assembled at CBI Camp Office, Dhanbad along
with independent witnesses. The accused were also present
in police custody. For the purposes of recreation of the crime
scene, the offending auto rickshaw was called for from FSL,
Ranchi. The front number plate of the auto rickshaw was
blurred and there was no number plate on the rear side of
the auto rickshaw. He has stated that one Shankar Rawani
was used as a driver of the auto rickshaw, while one Kuldeep,
Sub-Inspector-CBI was used as a co-passenger of the driver
sitting on the front seat of the auto rickshaw besides the
driver. Shamsuddin Ansari was used as a dummy acting as
Uttam Anand jogging alongside the road. As per the sequence
recorded in CCTV on 28-07-2021 at the time of the incident,
the crime scene was recreated thereby directing the driver to
drive the vehicle in the same manner as seen in the CCTV
footage of the incident and it was made to appear that the
auto rickshaw hit the dummy of the deceased in the same
manner as shown in the CCTV footage. The CFSL team had
taken photographs and had also done the videography of the
same. Sri Amit Joshi of Kwick Soft Solution Pvt. Ltd. along
with his team had taken the pictures of the scene of crime
and all the proceedings in 3D. A memorandum dated
08-08-2021 was prepared at the spot by mentioning all the
proceedings which was signed by the members including
himself. On 09-08-2021, he had filed an application before
the learned C.J.M., Dhanbad for seeking permission to
conduct Polygraph, Narco-Analysis, Brain-Mapping, BEOS,
Forensic Psychological Assessment and Forensic Statement
Analysis on accused Rahul Kumar Verma and Lakhan
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Kumar Verma as the accused persons had given voluntary
consent to undergo the said tests. The said application has
been proved and marked as Exhibit -155. The original
consents of both the accused have been proved and marked
as Exhibit-155/1 and 155/2. The learned court had allowed
the application vide order dated 09-08-2021 which was
communicated to the CBI vide Memo No. 280 dated
09-08-2021. He has proved the order which was
communicated to the CBI which has been marked as
Exhibit-156. He has stated that on 09-08-2021, he had sent
a letter to the Director, CFSL, New Delhi with a request to
depute a team of experts for imaging, cloning, copying, data
extraction of the seized storage devices for the purposes of
investigation. The said letter has been proved and marked as
Exhibit-157. On the same day, he had sent a letter to the
Director, CFSL New Delhi with a request to conduct Forensic
Psychological Assessment, Forensic Statement Analysis,
Layered Voice Analysis and Polygraph tests on the accused
persons. The said letter has been proved and marked as
Exhibit-158. Thereafter, the tests were conducted on the
accused persons by the experts of CFSL, New Delhi. In the
said test, accused Rahul Kumar Verma had stated that on
reaching Randhir Verma Chowk, Lakhan Kuma r Verma had
told him that he (Lakhan Kumar Verma) will hit the person
going on the road and he (Rahul Kumar Verma) should take
the belongings and mobile of that person. Rahul Kumar
Verma had also stated that he did not deboard to take the
mobile because he did not get a chance as one scooty and an
auto rickshaw were coming from the steel gate side. After
going forward, he had deboarded and had gone to the station
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by taking another auto rickshaw, while Lakhan went to the
house of his sister. The conclusion of the said report
observed that Rahul Kumar Verma and Lakhan Kumar
Verma are deceptive. The Polygraph Examination Report
dated 16-08-2021 of both the accused persons was received
by him. As per the opinion of the expert, the response of both
the accused was deceptive. The aforesaid report clearly
establishes the involvement of both the accused in
intentionally hitting the judge at Randhir Verma Chowk. On
10-08-2021, a letter was addressed to the S.S.P., Dhanbad
with a request to provide the documents regarding criminal
cases registered against the accused in any Police Station of
Dhanbad. He has identified the letter dated 10-08-2021
which has been marked as Exhibit-159. In response to the
said letter, a letter dated 10-08-2021 was received from
S.S.P., Dhanbad in which details of two cases of theft against
Rahul Kumar Verma was furnished. On 10 -07-2021, the
accused Rahul Kumar Verma had made disclosure before Sri
Satyapal Yadav, Inspector CBI, SC-II, New Delhi at Camp
Office, Dhanbad to the effect that he can show the house
from where he had stolen three mobiles. A disclosure memo
dated 15-08-2021 was prepared to that effect. He has
identified the signature of Sri Satyapal Yadav, Inspector and
Sachin, Sub-Inspector which have been marked as
Exhibit-160 and 160/1. He has further stated that on
10-08-2021, the expert of CFSL, New Delhi, Sri P.K. Gottam
along with his team, CBI team, independent witnesses and
he himself had done extraction/imaging/cloning of seized
pen drives, CDs/DVDs, Hard Disk and Memory Card. A
memorandum dated 10 -08-2021 was prepared along with
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certificates given under Section 65B Evidence Act by Sri P.K.
Gottam. From 11-08-2021 to 14-08-2021, the expert of
CFSL, New Delhi, Sri P.K. Gottam along with his team,
CBI team and independent witnesses had done
extraction/exportation of data from storage devices, DVRs.
A memorandum dated 11 -14.08.2021 was prepared along
with certificates under Section 65B Evidence Act given by Sri
P.K. Gottam. A letter dated 11 -08-2021 was sent to
Dr. Harish Pathak, Professor and HOD of Forensic
Medicines, Seth G.S. Medical College and K.E.M. Hospital,
Mumbai vide which one pen drive containing post-mortem
videography of the deceased, one pen drive containing
photography of the scene of crime and the vehicle used in the
offence and CCTV footages of the incident were forwarded for
his opinion and analysis report. The office copy of the letter
is proved and marked as Exhibit-161. In response to the said
letter, a detailed report dated 24-08-2021 was received from
Dr. Harish Pathak based on crime scene visit, examination
of auto rickshaw, recreation with volunteers, analysis of
CCTV footage of the incident, analysis of post-mortem video,
interaction with autopsy surgeon, analysis of photographs
provided in which the following conclusions were
arrived at:
“1. Injury on left aspect of skull has probably been
caused by the Yellow dented edge of the auto-
rickshaw as seen in the photograph
(Photo 2.3).
2. Patterned Abrasion injury over back of chest
6” below the nape of neck. This injury is
probably caused by the blue rod at the left
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edge of the auto (Photo 2.4).
3. Graze Abrasion injury present over lower back
of chest on left side 2 inches away from
midline has probably been caused by impact
on ground after being hit by auto (Photo 4.1).
4. Contusion present over lower back has
probably been caused by impact with the left
headlight of the auto (Photo 5.1).
5. Injury sustained on the right side of Skull has
probably been caused by the impact of
deceased hitting the ground after being hit by
the auto at a speed of 23km/hr (Photo 1.3).
6. Driver of Auto Rickshaw, Lakhan Kumar
Verma, appears to be in full control of the
vehicle.
7. The above-mentioned injuries were sustained
when the auto-rickshaw struck a physically
fit, well built, height 5’8” pedestrian adult at a
speed of 23 km/hr. Injury Number A and B on
the head (Singularly or Collectively) are
sufficient to cause death in ordinary course of
nature.
Finding of this report conclusively
established that the hit and run incident of
hitting late Judge Uttam Anand by the auto-
rickshaw in question was not accidental but
intentional.”
He has stated that on 11-08-2021, he had received
the photographs already marked X/14 to X/25 for
identification of accused persons from Sri Vinay Kumar
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S.H.O., Dhanbad P.S. A letter dated 15-08-2021 was sent to
the Director, CFSL, New Delhi along with a forwarding note,
list of extracts and the exhibits for examination and expert
opinion regarding presence of alcohol/psychotropic
substance in urine and blood samples of accused Lakhan
Kumar Verma and Rahul Kumar Verma and also requested
for regeneration and preservation of DNA profiling from the
collected samples. He has identified the letter and the
enclosures which have been collectively marked as
Exhibit-162. In response to the said letter, a report dated
26-08-2021 was received from CFSL, New Delhi and as per
the report, the blood and urine samples of the accused gave
negative results for the presence of ethyl alcohol and
psychotropic substance. A letter dated 15-08-2021 was sent
to the Director, CFSL, New Delhi along with a forwarding
note, list of articles and the exhibits for examination and
expert opinion regarding examination of suspected
blood-stained soil and controlled soil lifted from the scene of
crime. The said letter along with its enclosures have been
collectively proved and marked as Exhibit-163. He has
further stated that a letter dated 16-08-21 addressed to the
Director, CFSL, New Delhi was sent for report on 10
questionnaires as mentioned in the said letter. This letter has
been proved and marked as Exhibit-164. In response to the
said letter, a report dated 25-08-2021 of CFSL, New Delhi
was received and, in the report, answers to the 10 questions
were provided and which established the involvement of both
the accused persons in the present case. A CFSL report dated
13-08-2021 was received regarding recreation of scene of
crime conducted on 07-08-2021 and 08-08-2021 which
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concludes that the speed of auto rickshaw at the time of
hitting the deceased could be 20-25 kmph and angle of
impact at the time of collision between the deceased and the
auto rickshaw was 21 degrees approximately. The auto
rickshaw used in the commission of crime was received from
FSL, Ranchi for the purposes of investigation vide letter
dated 07-08-2021. After investigation, the said auto
rickshaw was again sent to FSL, Ranchi vide letter dated
16-08-2021. This letter has been proved and marked as
Exhibit-165. A letter dated 24-08-2021 was received along
with annexures from Sri Vinay Kumar, SHO, Dhanbad P.S. in
which he had produced the documents regarding registration
of case of theft against Rahul Kumar Verma registered as
Dhanbad P.S. Case No. 334/21. A letter dated 24-08-2021 was
sent to Dr. S.O. Junare, Director, N.F.U., Gandhi Nagar for
comparison of the seized auto rickshaw in the present case
with the auto rickshaw seen in the CCTV footages of
28-07-2021 at the time of hitting of the deceased. Along with
the said letter, the Pen Drive containing relevant CCTV footages
and screenshots, two sealed envelopes said to contain one
SD Card having 404 images taken during visit of the scene of
crime by CFSL from 07-08-2021 to 08-08-2021 and one 16GB
Memory Card containing 36 video clips was sent. The said
letter has been marked as X/30 for identification. In response
to the said letter, the report dated 24-09-2021 of National
Forensic Science University, Gandhi Nagar was received which
is already marked as Exhibit-86. The report conclusively
established that the auto rickshaw seen in the CCTV footage of
the incident dated 28-07-2021 of hitting the Judge and the
auto rickshaw seized during investigation in the incident case
is one and the same. It has also been established that the auto
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rickshaw seized during investigation and used by CFSL during
recreation of the scene of crime which is seen ramming the late
Judge in the morning around 05:08:30AM on 28-07-2021 as
seen in the CCTV footages at Randhir Verma Chowk is one and
the same auto rickshaw involved in the incident. The report
also established that at the time of the incident, two individuals
seem to be sitting on the front seat of the said vehicle. He has
stated that a letter dated 28-07-2021 addressed to him was
received by S.S.P., Dhanbad along with reports of inspection of
scene of crime by the team of FSL , Ranchi and crime
scene recreation report of FSL, Ranchi. In the report regarding
recreation of the scene of crime, the expert of FSL, Ranchi
mentioned that the auto rickshaw and the deceased remained
in contact for one second and the auto rickshaw would have
gone straight in the middle of the road instead of taking a left
turn as seen in the CCTV footages. The report of Bio and DNA
Division gave an opinion on the article seized from the auto
rickshaw and blood sample of the accused Lakhan Kumar
Verma which established that the DNA extracted from the
articles of Lakhan seized from the auto rickshaw matched with
the DNA of Lakhan Kumar Verma extracted from his blood
sample. The reports of FSL, Ranchi, Physics Division proves
that the broken fiber pieces seized from the scene of crime are
part of the broken one side indicator of the seized auto
rickshaw in the present case which established that on
28-07-2021, the seized auto rickshaw being driven by the
accused persons was used by them in the commission of the
crime. A report dated 21-09-2021 was received from Kwick Soft
Solution Pvt. Ltd. in which it was established that the critical
maximum speed of auto was 25 -26 kmph and the angle of
impact was 20.9 degrees. As per the CAF attached with the
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letter dated 05-10-2021, the mobile numbers 8102223099 and
8409955491 was in the name of accused Rahul Kumar Verma
and the CDR of the said mobiles reveals about his conversation
with Lakhan Kumar Verma on 27 -07-2021 and 28-07-2021,
i.e., before, at the time and after commission of crime. A chart
showing Cell ID location was also received from the Nodal
Officer which shows the areas of location where the aforesaid
mobile numbers were being used at the relevant time. It has
further been stated that a letter dated 06-10-2021 was
received from the Nodal Officer, Jio, Jharkhand along with the
CDR, CAF and certificate under Section 65B Evidence Act
regarding various mobile numbers mentioned in the said letter.
As per the CAF, the mobile number 9304861558 is in the name
of accused Lakhan Kumar Verma. The CDR of the said mobile
number shows his conversation with Rahul Kumar Verma on
27-07-2021 and 28-07-2021, i.e., before, at the time and after
commission of crime. A chart showing Cell ID location was also
received from the Nodal Officer which shows the areas of
location when the aforesaid mobile number was being used at
the relevant time. A letter dated 18-10-2021 was sent by him
to the Director, FSL, Ranchi authorizing Mithilesh Kumar, S.I.
for collection of exhibits and remnants of the present case. The
said letter has been proved and marked as Exhibit-167. In
response to the said letter, the Director, FSL, Ranchi handed
over the articles relating to the present case vide letter dated
18-10-2021 addressed to the learned C.J.M., Dhanbad. During
investigation of the case, both the accused persons were taken
into police custody on the orders of the Special Judicial
Magistrate, CBI, Dhanbad and during interrogation both had
confessed to have committed the offence. During investigation,
he had examined various witnesses and collected all necessary
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documents and reports. Several CBI officials had also assisted
him during investigation and handed over the documents
collected by them and the statements of witnesses recorded by
them during the investigation. He has stated that the
investigation conducted by Jharkhand Police, SIT of
Jharkhand Police, by him and the CBI team clearly established
that the accused Lakhan Kumar V erma and Rahul Kumar
Verma had stolen the auto rickshaw in the night of 27-07-2021
and thereafter, they intentionally and deliberately hit Uttam
Anand on 28-07-2021 in the morning at 05:08:30AM with
common intention and ran away from the spot. He has proved
the Forensic Hypnosis Examination report which has been
marked as Exhibit-168. On the basis of Forensic Hypnosis
Examination of the accused persons, it was concluded by the
experts that both of them are habituated in snatching/stealing
phone or valuables and had intentionally dashed against the
deceased Uttam Anand. After conclusion of investigation, he
had submitted charge sheet against Lakhan Kumar Verma and
Rahul Kumar Verma.
In cross-examination, he has deposed that the entire
investigation and deposition had focused on
deliberate/intentional hit. The report of the NARCO Analysis
has not been submitted as it was to ascertain whether there
was any larger conspiracy or not.
P.W.58 Nayan Laha has stated that he works in
Ganga Medical for the last 4-5 years and on 28-07-2021, the
police officer V.K. Chetan had involved him as well as Puran
Gope as independent witnesses at the time of inspection of
the place of occurrence. He had signed on the seizure list of
pieces of fiber and blood sample taken from the place of
occurrence.
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In cross-examination, he has deposed that the
seizure list was prepared at the place of occurrence itself.
5. The statements of the accused were recorded
under Section 313 Cr.P.C. in which they have denied their
complicity in the incident leading to the death of Uttam
Anand.
6. The defence has examined one witness in support
of its case:
D.W.1 Lakhan Kumar Verma is the
accused/appellant no. 1, who has stated that he drives auto
rickshaws since 2013 -14. On 27 -07-21 at around
03:30-04:00PM, Rahul Kumar Verma had come to him and
asked him to take him in his auto. He had agreed to give a
ride to Rahul Kumar Verma who had on the way taken some
money from a person named Gultan and he had given him
some money. After taking the money , he had smoked
cannabis and had also taken an intoxicant tablet. On that
day, they had ferried passengers till 10:00PM. He had
thereafter returned the auto to its owner. While going home,
they had seen an auto parked which they had stolen and on
reaching Baliapur More, Rahul had broken the rear number
plate and scratched the number plate in the front portion of
the auto. After reaching Dhanbad Station, they had parked
the auto in the auto rickshaw stand. He had woken up Rahul
at 02:30-03:00AM and they were going towards Jharia when
on seeing a police vehicle, they had turned back and started
going towards Giridih. He has stated that when he reached
the turning of Randhir Verma Chowk, a stone came under
the tyre of the auto and suddenly the auto veered towards
the Judge and collided with him. He has also stated that
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Rahul told him to speed up his auto and near Police Line,
Rahul had got down from the auto and he had left for Giridih.
In cross-examination, he has deposed that he had
seen the incident from the CCTV footage, but the footage
does not show any stone. At the time of the collision, the road
was empty. He has deposed that Rahul Kumar Verma was
sitting beside him when the auto had hit the Judge. The auto
rickshaw which collided with the Judge was the same auto
he and Rahul had stolen from outside a house at Patherdih.
7. It has been submitted by Mr. Sabyasanchi, learned
counsel for the appellants that the learned trial court has
convicted the appellants primarily on the basis of
assumption and inferences rather than legally admissible
evidence establishing the essential in gredients as
encapsulated in Section 300 IPC. The prosecution was
required to prove beyond any reasonable doubt that the
appellants had voluntarily caused the death of the deceased
or possessed the requisite mens rea contemplated under
Section 300 IPC. The evidence adduced during trial falls
substantially short of the standard. It has been submitted
that the deceased was an Additional District & Sessions
Judge posted at Dhanbad and there is absolutely no evidence
suggesting either of the appellants having any previous
acquaintance, dispute, enmity or motive against the
deceased. Mr. Sabyasanchi has submitted that the
prosecution has failed to establish; a) any prior meeting,
b) any conspiracy, c) any planning, d) any financial gains,
e) any political matter and f) any personal hostilities which
would have contributed in the culpability of the appellants of
being involved in the incident. The learned trial court has
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virtually convicted the appellants without taking into
consideration as to why the appellants would cause such act
against a total stranger. Absence of motive assumes great
significance, as the prosecution case rests entirely upon
circumstantial evidence. Mr. Sabyasanchi has submitted
that none of the witnesses have deposed that the appellant
no. 1 had voluntarily rammed the auto rickshaw on the
deceased in order to commit his murder. There is no direct
evidence with respect to a) planning, b) intention, c) common
intention, d) conversation between the appellants and
e) prior meeting of minds. Every circumstance relied upon by
the prosecution required independent proof, but instead the
learned trial court has treated suspicion as proof. It has been
submitted that howsoever strong the suspicion may be, the
same cannot act as a substitute to substantial proof. The
approach of the learned trial court is contrary to the settled
principles governing circumstantial evidence.
Mr. Sabyasanchi, learned counsel for the
appellants has further submitted that the CCTV footage
merely depicts the movement of the auto rickshaw and it
does not establish; a) the mental state of the driver,
b) intention to kill, c) prior planning, d) deliberate targeting
and e) pre-meditation. The learned trial court has interpreted
the footage according to one possible hypothesis, though
criminal law requires the exclusion of every other reasonable
hypothesis. It is a settled principle of law that when two
interpretations are possible, the one favorable to the accused
must prevail. It has been submitted that the prosecution has
not produced any evidence proving that the appellants
deliberately selected the deceased as the target. There is no
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evidence that: a) they waited for him, b) chased him,
c) identified him beforehand, d) knew his identity e) had any
reason to murder him. Without proving these
pre-meditated necessities, the intention to commit murder
cannot be presumed merely because death had occurred.
8. Relying on the scientific evidence collected by the
prosecuting agency, it has been submitted by
Mr. Sabyasanchi that the DNA evidence merely establishes
contact, the mechanical examination only establishes the
condition of the auto rickshaw, the CCTV analysis
establishes movement and the C.D.R. merely establishes
communication. The scientific reports do not prove common
intention, knowledge, motive or conspiracy. The learned trial
court has converted corroborative evidence into substantive
evidence. Even if for the sake of argument, it is accepted that
the auto rickshaw was recovered from the appellant no. 1,
the same merely establishes possession and not otherwise.
9. So far as the invocation of Section 34 IPC is
concerned, the prosecution has failed to prove prior concert,
meeting of minds and a pre-arranged plan which are the
basic components necessary to prove common intention.
Mere travelling in one vehicle does not constitute common
intention. An association cannot be equated with
participation in murder.
10. Mr. Sabyasanchi has focused on the 313 Cr.P.C.
statement of the accused which is intended only to provide
an opportunity to explain incriminating circumstances and
such statement should not have been relied upon by the
learned trial court to cure discrepancies in prosecution
evidence, fill missing links and take the place of substantive
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evidence.
It has been submitted that the testimony of
appellant no. 1 Lakhan Kumar Verma examined as D.W.1
required complete scrutiny, but the learned trial court has
accepted only those points which are favorable to the
prosecution, while negating the explanation offered by the
appellant no. 1. It has been submitted that the learned court
has erred in relying upon the conduct of the appellants after
the occurrence, but such conduct can at best constitute a
weak incriminating circumstance. Despite the best efforts by
the prosecuting agency, doubts still linger as several blanks
in the case have remained unfilled. The sensational nature
of the case has further downsized the defence of the
appellants. Mr. Sabyasanchi, learned counsel, based on the
circumstances put across by him, has prayed for setting
aside the impugned judgment and order of conviction.
11. Mr. Prashant Pallav, learned senior counsel for the
CBI has submitted that the ocular and technical evidence
painstakingly collected by the prosecuting agency
demarcates the specific role played by each of the appellants
in intentionally and deliberately ramming the auto rickshaw
against Uttam Anand, who had gone out for a morning walk.
The evidence of 3D forensic experts P.W.25 and P.W.48
mathematically proves that the driver had full control over
the vehicle and had intentionally changed path at a 21degree
angle to hit the victim. The “drunkenness” claim has also
dissipated by virtue of the evidence of P.W.31 as the blood
and urine samples of the appellants were found negative
regarding the presence of alcohol and/or psychotropic
substances. The offending auto rickshaw was in a perfect
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condition as P.W.10, the Motor Vehicles Inspector, had
concluded that the auto rickshaw was technically fit and
brakes, steering etc. were in a perfect condition. The CCTV
footages were analyzed and, as per P.W.50, the same
indicated a deliberate 21degrees swerve dashing against the
deceased. Mr. Pallav has submitted that P.W.37 is a witness
who had followed the auto rickshaw and had seen the
intentional act and he had also identified the appellant no. 2
getting down from the auto rickshaw and going to the
opposite side of the road and taking another auto rickshaw
which was going towards the Dhanbad Railway Station. The
premeditated act of the appellants has been proved by
P.W.43 whose auto rickshaw which was parked outside her
house was stolen in the night. The offending auto was
recovered from near the house of the sister of the appellant
no. 1 and the appellant no. 1 was also arrested from the said
house. The medical evidence is corroborative of the manner
of occurrence as gathered from the CCTV footage as well as
from the testimony of P.W.37. It has been submitted that the
entire sequence of the movement of the appellants has been
captured in the CCTV footages which prove beyond any
reasonable doubt the act of the appellant of intentionally
ramming the auto rickshaw against Uttam Anand which
turned fatal. Replying to the contention of the learned
counsel for the appellants that there was only a single blow
upon the deceased, without any repetition Mr. Pallav,
learned senior counsel for the CBI has submitted that
Section 300 “Thirdly” demonstrates an intentional hit which
caused blow to a vital part of the body (head) with the vehicle
which is murder. So far as motive is concerned, the same
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becomes irrelevant when direct ocular and documentary
evidence are available on record. Reference has been made
to the case of Chandan v. State (NCT of Delhi) reported in
(2024) 6 SCC 799. The conduct of the appellants is also to
be noted as after the incident both the appellants fled in
different directions and had also concealed the vehicle which
is suggestive of the mens rea under Section 8 of the Evidence
Act. The common intention of both the appellants is evident
from the time they had stolen the auto rickshaw and were
together when the incident had taken place clearly attracting
Section 34 IPC.
12. We have heard learned counsel for the respective
sides and have also perused the trial court record.
13. When Uttam Anand, A.D.J. -VIII, Dhanbad went
out of his house for his customary morning walk in the early
morning of 28-07-2021, little did he or his family realize what
lay in store for them. A collision by an auto, the impact
hardly lasting for one second, led to a massive hemorrhage
of the brain and there lay besides the road, the victim
unidentified, unconscious and profusely bleeding from the
mouth, nose and ears. The city of Dhanbad was waking up
and Randhir Verma Chowk, one of the busiest thoroughfares
of the city due to its location, wore a desolate look with some
health freaks, carts and auto rickshaws interrupting the
morning serenity. Some joggers had a glance at the injured,
but continued with their jogging oblivious to the immediate
medical attention which was needed by the fallen man. Some
passersby had, however, gathered near the injured Uttam
Anand, but the initiative to get him to the hospital was taken
by P.W.7 who was crossing the area of incident since he had
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forgotten his mobile at home and P.W.7, acting as a
responsible citizen, managed to stop an e-rickshaw on the
opposite side of the road from where Uttam Anand was lying
and with the help of some persons, loaded Uttam Anand on
the same and proceeded to Sadar Hospital, Dhanbad. The
gate of Sadar Hospital was closed and he had taken the
injured to SNMMCH where he was admitted in the
Emergency Ward and immediate treatment was given by
injecting life-saving drugs and keeping him on life support.
The impact of the auto was so devastating and powerful that
despite the best efforts of the doctor, Uttam Anand could not
be saved. The commendable act of P.W.7 was supplemented
by P.W.8 who was an A.N.M. and was returning home from
her duty at Dhanbad Railway Station and on seeing the
injured lying besides the road and was gasping for breath,
she had wiped the blood from his mouth and nose making
breathing much easier. P.W.8 had also followed P.W.7 to
Sadar Hospital and then to SNMMCH where the injured was
immediately admitted. The Police sprang into action on being
informed by the bodyguard of Uttam Anand that he had not
returned home from his morning walk even after passage of
a considerable length of time and ultimately, it was detected
that the person lying motionless in a hospital bed was none
other than Uttam Anand, A.D.J.-VIII, Dhanbad. The incident
gathered momentum on account of the videos of the impact
circulated in social media which created a furore as it was
viewed as a direct assault on the judicial system of the
country. The case, on account of the importance it generated
and in order to explore the deep-rooted conspiracy it evoked,
was handed over to the CBI where detailed investigation
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mostly on the technical aspects of the case led to submission
of charge sheet against the appellants who ultimately, were
convicted for the offenses under Sections 302/34 and
201/34 IPC. It is to be deciphered in this appeal as to
whether the learned trial court had, based on the ocular and
documentary evidence, correctly appreciated the materials
available on record to arrive at its conclusion about the
culpability of the appellants of being involved in the murder
of Uttam Anand.
14. So far as the ocular evidence is concerned, the
testimony of P.W.37 assumes considerable significance as it
was P.W.37 who is the only eyewitness to the moment of
impact/collision of the auto rickshaw with Uttam Anand.
P.W.37 was returning from duty from D hansar Colliery
where he was employed as a Cable Man at about the same
time when the incident had occurred The route of his home
at Jag Jivan Nagar was via Randhir Verma Chowk and as he
had crossed the chowk, he had seen an auto rickshaw which
was in front of him deliberately veering towards the left and
dashing against an individual in front of Ganga Medical Hall.
P.W.37, on seeing the injured lying on the road with blood
oozing out from his mouth, continued on his onward
journey and neither had he stopped at the place of
occurrence, nor did he seek any medical assistance and the
explanation given by him for such conduct is that he is a
heart patient and he had become nervous on witnessing
what unfolded in front of him. P.W.37 has also stated about
one of the occupants of the auto rickshaw getting out near
Hatia More and taking another auto rickshaw which was
going on the opposite direction towards Randhir Verma
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Chowk, while the other person continued on his journey with
the offending auto rickshaw. There was no number plate in
the rear portion of the auto rickshaw.
In course of investigation, it came to light that the
auto rickshaw which was used in the deliberate collision with
Uttam Anand was a stolen one and the owner of the auto was
P.W.43 Sugani Devi. She had purchased the auto rickshaw
from Birendra Tiwary and had hired a driver for plying the
same. However, the driver did not come for 3-4 days and the
auto rickshaw was kept parked in front of her house. On
28-07-2021, when P.W.43 went outside her house, she found
her auto rickshaw missing which ultimately led to
registration of an FIR for the offense of theft.
15. The Police on coming to know about the
seriousness of the crime had constituted a team on the
direction of the Sr. S.P., Dhanbad and P.W.26 who was also
a member of the team was deputed to the Police Control
Room for going through the CCTV footages. After
investigation of the CCTV footages in which the auto
rickshaw had collided with the deceased and on identifying
the features of the auto rickshaw, P.W.26 proceeded to City
Fuels Petrol Pump, Govindpur and from the CCTV footage in
the petrol pump, the same auto rickshaw was detected and the
driver was seen filling up the fuel tank of his vehicle. The CCTV
footages of Vishwakarma Hardware at G.T. Road was seen
and the auto rickshaw was found crossing the said place. As
P.W.26 and his team were enquiring at Govindpur market,
he came to know that the appellant no. 2 was apprehended
outside Dhanbad Railway Station. On the disclosure of
appellant no. 2, a raid was conducted in the early hours
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of 29-07-2021 in the house of Deepak Sonar, the
brother-in-law of the appellant no. 1 and appellant no. 1 was
apprehended from inside the house. On the pointing out by
the appellant no. 1, the auto rickshaw involved in the
incident was seized. P.W.26 has given a physical description
of the auto rickshaw and what was noticeable was the
absence of the rear number plate and the front number plate
was found defaced. In the context of the evidence of P.W.26,
we may now refer to the evidence of P.W.10, who was posted
as a Motor Vehicles Inspector and who had inspected the
auto rickshaw. He, on inspection, had found the front
number plate scratched, while there was no number plate at
the rear. The auto rickshaw was found technically fit and the
brakes, steering etc. were found in a proper condition. In
order to establish as to whether the auto rickshaw seized
during investigation and the auto rickshaw seen in the CCTV
footage are one and the same, the details were sent to P.W.42
along with some questionnaires and after conducting a
forensic examination, P.W.42 has concluded that the auto
rickshaw seen in the CCTV footage of the incident dated
28-07-2021 and the auto rickshaw seized during
investigation appears to be same in all probabilities. The
forensic reports also established that the broken fibers
recovered from the place of occurrence were part of the one
side indicator of the seized auto. It can, therefore, be
concluded that the auto rickshaw recovered at the instance
of the appellant no. 1 is the same auto rickshaw which had
rammed into Uttam Anand as seen in the CCTV footage and
as witnessed by P.W.37.
16. The identification of the auto rickshaw having
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been established, we have to now unravel as to whether the
appellants were the persons who were present in the auto
rickshaw and whether there was an intent on their part to
deliberately ram into the deceased Uttam Anand in order to
facilitate his death. The dominant feature of the case seems
to be the CCTV footages collected from various sources. The
CCTV footage collected from the Police Control Room,
Dhanbad is pre-dominantly with respect to the turning of the
auto rickshaw at Randhir Verma Chowk, dashing against the
deceased and the continuing of the journey of the auto
rickshaw in a normal fashion albeit one of the accused
(appellant no. 2) getting down from the auto rickshaw and
taking another auto rickshaw going towards the Randhir
Verma Chowk. As we have noticed above, P.W.26 has given
a vivid description of the sequence of the path of the auto.
With reference to the identification P.W.21, who is a Nozzle
man at City Fuels Petrol Pump has already stated that the
person who had stopped for taking fuel was the appellant no.
1. He had also identified the appellant no. 1 from his
photograph. In fact, P.W.21 in his cross-examination has
deposed that a passenger was sitting in the auto rickshaw of
the appellant no. 1. P.W.33 was working as a Parking Agent
in Dhanbad Railway Station and he has stated about two
persons having parked their auto rickshaw and had taken it
away after 30 minutes. His description of the auto rickshaw
which was parked for a brief period matches the description
of the offending auto rickshaw. This witness has identified
both the appellants who were produced through video
conferencing. It also appears from the forensic reports that
the DNA extracted from the blood sample of the appellant no.
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1 matched with the DNA of the article seized from the auto
rickshaw. The ocular, technical and scientific evidence is
further strengthened by the evidence of D.W.1, who is none
other than the appellant no. 1, who in his examination-in-
chief has admitted that his auto had dashed against a Judge
and the said collision was because of a stone which was lying
on the road in front of the moving auto. D.W.1 has also
accepted the fact that appellant no. 2 was also present. It
has, therefore, been proved beyond any reasonable doubt
that both the appellants were present in the auto rickshaw
which dashed against Uttam Anand.
17. Whether the act of the appellants was deliberate or
not has to be construed from the evidence of the witnesses
as well as the CCTV footage. The CCTV footage was run in a
screen inside the Court Room and after having a careful and
minute view of the incident, what transpired is the sudden
veering of the auto rickshaw towards the left side where
Uttam Anand was walking and after the impact, the opposite
parties drove the auto rickshaw in a dispassionate manner
and it did not even speed up which would generally be the
reaction had the impact been accidental. The entire sequence
would indicate a semblance of pre-meditated act which
commenced with the theft of the auto rickshaw of P.W.43. If
the intention was of divesting the Judge of his mobile and/or
purse or other belongings, there would have been some
movement of either of the appellants at the time of impact
from inside the vehicle. The concatenation of events as
evinced from the testimony of the witnesses and the various
reports of the experts as well as the CCTV footages,
convincingly proves the devious and deceptive manner in
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which the objective of the appellants were executed. The
appellant no. 1 in his evidence as D.W.1 has stated about a
stone which obstructed the wheel of the auto rickshaw as a
result of which it veered towards the deceased and collided
with him. The defence taken by D.W.1 is fragile and not
supported by any sort of evidence. The place of occurrence
was inspected time and again by the police and the CBI
officials and various materials were collected for furthering
the investigation, but presence of a stone has never surfaced
in such investigation. If at all there was a stone, the forensic
analysis of the CCTV footages would definitely have given a
finding in support of such defence but none of the forensic
experts have stated about the presence of a stone in the path
of the auto rickshaw. If a stone would have obstructed the
auto rickshaw, there would have been some features defining
such obstruction. The auto rickshaw would have wobbled or
it would have suffered a jerk, but even with a naked eye on
seeing the CCTV footages, the smooth run of the auto
rickshaw from Randhir Verma Chowk to the place where the
deceased was dashed with the auto rickshaw is established.
To reinforce the finding regarding the culpability of the
appellants in cohesively participating in the murder, we may
refer to the evidence of P.W.28 who had analyzed the video
clips and the photographs and her conclusion reveals that
someone had followed Uttam Anand in an auto rickshaw and
on getting an opportunity, the auto rickshaw driver dashed
against Uttam Anand. It has been opined by P.W.28 that the
auto rickshaw driver was in a good state of mind and the
incident appears to be planned and intentional. A suggestion
had also been given in the report to investigate as to whether
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another person accompanying the auto rickshaw driver was
dropped on the route. P.W.25 who is a Professor and Head,
Department of Forensic Medicines, SETH, G.S. Medical
College and KEM Hospital, Parel, Mumbai has opined that
the appellant no. 1 appeared to be in full control of the
vehicle and at no point of time he exhibited any sign of
attempting to turn or swerve away from the deceased, no
attempts at sudden breaks, no sudden turning or wobbling
of vehicle which would indicate about the control the
appellant no. 1 had on the auto rickshaw. The auto rickshaw
was seen changing the path from the middle of the road
specifically towards the deceased and returned back to the
original path after hitting the deceased. In his summary of
conclusion, P.W.25 has established that the injury suffered
by the deceased Uttam Anand on skull, neck and chest were
on account of being struck by an auto rickshaw and the same
indicates that the incident was not accidental, but
intentional. Both the appellants were in a fit state of mind
and no trace of alcohol or psychotropic substance were found
in the urine and blood samples of the appellants.
18. Though it has been strenuously argued by Mr.
Sabyasanchi, learned counsel for the appellants that there
was no intention on the part of the appellants to commit
bodily injury which can be fathomed from the fact that a
solitary blow was given, but it is clearly evident from the
labyrinth of evidence that “Thirdly” of Section 300 IPC will
apply. In the context of the above, we may refer to the case
of Virsa Singh v. State of Punjab reported in AIR 1958 SC
465, wherein it has been held as follows:
“12. To put it shortly, the prosecution must prove the
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following facts before it can bring a case under S. 300
"thirdly”; First, it must establish, quite objectively,
that a bodily injury is present; Secondly, the nature
of the injury must be proved; These are purely
objective investigations. Thirdly, it must be proved
that there was an intention to inflict that particular
bodily injury, that is to say, that it was not accidental
or unintentional or that some other kind of injury was
intended. Once these three elements are proved to be
present, the enquiry proceeds further and, Fourthly,
it must be proved that the injury of the type just
described made up of the three elements set out
above is sufficient to cause death in the ordinary
course of nature. This part of the enquiry is purely
objective and inferential and has nothing to do with
the intention of the offender.
13. Once these four elements are established by the
prosecution (and, of course, the burden is on the
prosecution throughout) the offence is murder under
S. 300 "thirdly". It does not matter that there was no
intention to cause death. It does not matter that there
was no intention to cause death. It does not matter
that there was no intention even to cause an injury of
a kind that is sufficient to cause death in the ordinary
course of nature (not that there is any real distinction
between the two). It does not even matter that there
is no knowledge that an act of that kind will be likely
to cause death. Once the intention to cause the bodily
injury actually found to be present is proved, the rest
of the enquiry is purely objective and the only
question is whether, as a matter of purely objective
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inference, the injury is sufficient in the ordinary
course of nature to cause death. No one has a licence
to run around inflicting injuries that are sufficient to
cause death in the ordinary course of nature and
claim that they are not guilty of murder. If they inflict
injuries of that kind, they must face the
consequences; and they can only escape if it can be
shown, or reasonably deduced, that the injury was
accidental or otherwise unintentional.”
19. The spectrum of evidence as discussed above
caters to the essentials of Section 300 IPC “Thirdly” and,
therefore, the submission advanced by the learned counsel
for the appellants in the said issue is negated.
19. Another issue which has been flagged by the
learned counsel for the appellants is the absence of motive.
The said contention does not hold good simply for the reason
that motive will be compelled to take a back seat when faced
with a deluge of direct evidence as in the present case.
Reference is made to the case of Chandan v. State (NCT of
Delhi) reported in (2024) 6 SCC 799, wherein it has been
held as under:
“9. The argument of the defence that the
prosecution has not been able to establish any
motive on the accused for committing this dastardly
act is in fact true, but since this is a case of
eyewitness where there is nothing to discredit the
eyewitness, the motive itself is of little relevance. It
would be necessary to mention some of the leading
cases on this aspect which are as under.
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10. In Shivaji Genu Mohite v. State of Maharashtra,
it was held that it is a well-settled principle in criminal
jurisprudence that when ocular testimony inspires
the confidence of the court, the prosecution is not
required to establish motive. Mere absence of motive
would not impinge on the testimony of a reliable
eyewitness. Motive is an important factor for
consideration in a case of circumstantial evidence.
But when there is direct eyewitness, motive is not
significant. This is what was held : (SCC pp. 224-25,
para 12)
“In case the prosecution is not able to discover
an impelling motive, that could not reflect upon
the credibility of a witness proved to be a
reliable eyewitness. Evidence as to motive
would, no doubt, go a long way in cases wholly
dependent on circumstantial evidence. Such
evidence would form one of the links in the chain
of circumstantial evidence in such a case. But
that would not be so in cases where there are
eyewitnesses of credibility, though even in such
cases if a motive is properly proved, such proof
would strengthen the prosecution case and
fortify the court in its ultimate conclusion. But
that does not mean that if motive is not
established, the evidence of an eyewitness is
rendered untrustworthy.”
11. The principle that the lack or absence of motive is
inconsequential when direct evidence establishes the
crime has been reiterated by this Court in Bikau
Pandey v. State of Bihar, (2003) 12 SCC 616;
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Rajagopal v. Muthupandi , (2017) 11 SCC 120;
Yogesh Singh v. Mahabeer Singh , (2017) 11 SCC
195.”
21. Both the appellants have been convicted for the
offences under Section 302 and 201 IPC with the aid of
Section 34 IPC. Though the appellant no. 1 had taken an
active part in the murder as he was on the steering of the
auto rickshaw when the same veered towards Uttam Anand
and then proceeded normally, but the role of the appellant
no. 2 as acting in concert with the appellant no. 1 in
furtherance of a common intention cannot be discounted.
Section 34 IPC acts as an umbrella and if the accused
persons are acting with a common intention, they all should
be brought within the sphere of Section 34 IPC. In the case
of Jasdeep Singh @Jassu v. State of Punjab reported in
2022 Live Law (SC) 19, it has been held as follows:
“28.The existence of common intention is obviously
the duty of the prosecution to prove. However, a court
has to analyse and assess the evidence before
implicating a person under Section 34 IPC. A mere
common intention per se may not attract Section 34
IPC, sans an action in furtherance. There may also be
cases where a person despite being an active
participant in forming a common intention to commit
a crime, may actually withdraw from it later. Of
course, this is also one of the facts for the
consideration of the court. Further, the fact that all
accused charged with an offence read with Section
34 IPC are present at the commission of the crime,
without dissuading themselves or others might well
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be a relevant circumstance, provided a prior common
intention is duly proved. Once again, this is an aspect
which is required to be looked into by the court on the
evidence placed before it. It may not be required on
the part of the defence to specifically raise such a plea
in a case where adequate evidence is available before
the court.”
22. The appellant no. 2 as per the evidence of D.W. 1
and his own admission in his 313 Cr.P.C. statement apart
from the other ocular and forensic evidence was with the
appellant no. 1 from the time the auto rickshaw of P.W.43
was stolen till the deliberate and intentional collision was
made with the deceased. The defacing of the front number
plate of the auto rickshaw and removal of the rear number
plate clearly demonstrates an act designed to camouflage the
identity of the auto and the subsequent acts prove beyond
any reasonable doubt the cohesiveness in the chain of
circumstances making the appellant no. 2 equally and
effectively responsible for such distressing and shocking act
of murder in concert with the appellant no. 1.
23. The enormity of the act of the appellants and the
audacious nature of its execution has been an affront to the
judiciary encapsulating serious concerns over the safety and
security of the Judicial Officers. As we have discussed and
observed above, based on the voluminous records of the
case, the complicity and culpability of the appellants is
palpable. The impugned judgment and order of conviction
and sentence embodies the features of the case and the role
played by the appellants. We do not find any rationale to
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arrive at a different conclusion and based on the reasonings
enunciated by us, we dismiss this appeal.
24. Pending I.A.s, if any stands, closed.
(RONGON MUKHOPADHYAY, J.)
(PRADEEP KUMAR SRIVASTAVA , J.)
Jharkhand High Court, Ranchi
Dated the 14
th Day of July, 2026.
Preet/N.A.F.R.
Uploaded on: 14 /07 /2026.
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