P. W. No. 35
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17.1.80
S.T. No. 611/07
C.B.I. /SurendraKoli
U/s 364, 376, 511 I.P.C.
P.S. Delhi
Name: Dinesh Yadav
Post: Deputy S.P., recently posted P.T.C. Sitapur
Gave the statement under oath that:
In December 2006 I was posted on the post of (kshetraadhikari)City I, GautamBuddh Nagar. I was posted from 9th July 2006 to 2nd February 2007 on the post of (kshetraadhikari)City I, GautamBuddh Nagar. On the orders of the C.J.M. GautamBuddh Nagar a case no. 836/ 06 u/s 363, 366 of I.P.C. was registered in the Sector 20 police station for the disappearance of Payal. The investigation for the case was started by S.I. TimarjitKaur. On the orders of the Honorable Allahabad High Court, the said investigation was transferred to (kshetraadhikari)GautamBuddh Nagar serving before me, Ramesh Bharti. The said investigation was later transferred to me on 27.11.06 on the orders of the then Senior S.P., GautamBuddh Nagar. In this I put the S.O.G. Incharge S.P. Singh, Gajendra Singh, Chhotey Singh and VinodPandey and the then (kshetraadhikari) of Sector 20 police station to help with the case. During investigation on 29.12.2006, me and the S.O.G team arrested SurendraKoli, who is present in the court today, and he was questioned after his arrest. During the questioningafter the arrest he accepting his crime said that he had killed Payal alias Dipika. He further said that he has concealed her purse, slippers and the knife used as weapon for committing the crime, and that he can help the recovery of the same. He further said that he had killed other children of Nithari also whose skulls he has thrown in the back gallery and whose bodies he has thrown in the drain. After that the police took SurendraKoli from the Police Post and took him to D-5, Sector 31 and on whose pointing out (nishandehi) recovery was done. The witness on seeing document number Exhibit K-24(क-24) said that on 29.12.06 from underneath the water tank over the bathroom on the first floor a knife was recovered upon the statement of SurendraKoliand whose memo was prepared on the spot which was prepared upon my asking by V.P. Singh and which I had signed and as witnesses got the signature of PappuLal and Ramesh, which are identified by point A and my signature identified by Point B. The duplicate of the memo was given to the accused and his signature for receipt was obtained. The actual memo is in S.T. 439/07 whose correct photocopy is included in this document as Exhibit K-24.
The witness on seeing the Exhibit-3 Knife said this was the same knife that was recovered upon pointing out ofofSurendraKoli.
The witness upon seeing Exhibit K-23, memo recovery said that on 12.09.06 upon the pointing out of SurendraKoli, 15 skulls and bones were recovered that were recovered in the presence of the witnesses PappuLal and Ram Kishan. The memo was prepared on the spot upon my directions by S.I.Chhotey Singh. This memohas my and the witnesses' signature which I identify. The signature of the witness was identified from Point A. The signature of the witnesses PappuLal and Ram Kishan is exhibited with Point B. The copy of the memo was given to the accused and his signature of receipt was obtained. The original memo in the requested for document is in S.T. No. 439/07 whose correct photocopy is Exhibit K-23. The skulls and bones are there today in the court.
The witness upon seeing the Exhibit K-25 memo of recovery of human bones said that on 31.12.06 from the drain before D-5, upon cleaning,bones, bangles, slippers, clothes, etc. were recovered. The memo was prepared on the spot by S.I. S.P. Singh upon my directions in the presence of PappuLal and Ram Kishan. The memo was signed by me and the witnesses on the spot, which I identify. The signature of witness was identified by Point A. The original memo in the requested for document is in S.T. No. 439/07. The correct photocopy of which is Exhibit K-25. The recovered knife, bones and other things were sealed separately on the spot.
The witness upon seeing the document no. 92A/1 and 92/2 from the requested for document S.T. No. 439/07 said that this informal map was created upon my direction from the spot on the basis of my directions which is correct from point of .view of the time and has khasra mentioned. This has my signature, which I identify. The correct photocopy of which is document 23A/1 and 23A/2 the truth of which I certify. This was given Exhibit number K-85.
The witness upon seeing the Exhibit K-58, memo for the recovery of knife said on 11.1.07 the knife was recovered upon the identification by SurendraKoli. The memo was prepared by S.I. S.P. Singh upon my directions. I identify my signature on it. The recovery was done in the presence of witnesses JhabbuLal and Durga Prasad. Both of them also put their signature on the memo in front of me. JhabbuLal had put his thumb impression which is there in Point “B”. The copy of this was given to the accused and his signature of receipt was obtained. The original is included in S.T. No. 439/07.
With the permission of the court the sealed packet was opened in the court but only one knife was found in it which is Exhibit 32. This is the knife that was recovered from the spot. Upon seeing Exhibit 33 he said this is the same cloth in which the knife was sealed. This has my signature. The map of the recovered knife was made on the spot on the same date on 11.1.07, which is document no. 94/1 of the (Talwida) documentation, which has my signature on it that I identify as correct according to the situation. The correct photocopy of which is the document no. 25A/1 whose truth I certify through my signature. This has been given as Exhibit K-87.
The skulls and bones were recovered from the spot. They were sent to F.S.L. Agra on 03.01.07 on the orders of the C.J.M. GautamBuddhNagar for examination. Due to the repeated changing of statement by the accused, the accused was taken to the Forensic Directorate, Gandhinagar, Ahmedabad such that narco-test, polygraphic test and brainmapping tests could be conducted on him as per the orders dated 05.01.07 C.J.M. GautamBuddh Nagar. Test was conducted there. I did not give any copy of the case diary of the investigation done by me to anyone and I handed over the original to C.B.I. The accused gave their confession of the crime at the police station and police post. The police team was there. On the basis of the above mentioned recovery the family of the missing persons were called. On the basis of identification of the recovered things by the family members of the missing persons, other cases were registered at the police station.
The Counsel of Defense for the Accused, Advocate Kalu Ram
In front of me SurendraKoli had aided in recovery of two knives, one was recovered on 29-12-06 and the second one was recovered on 11.01.07. Both the knives are before me. The witness on seeing Material Exhibit – 33 said that this has JhabbuLal’s identification thumb imprint, which is imprinted very lightly. The second knife was opened today before the court. We had got the identifying thumb imprint of JhabbuLal, he had put his thumb impression. I can not say if he can sign or not. When the knives were recovered the whole S.O.G. team was there and other D.S.P. were present, that had Chhotey Singh and VinodPandey. There was no public witness present except the name of the witnesses mentioned in the recovery memo. Pappu, Jhabbu, Ram Kishan live near D-5 and were called from there. Do not remember who had gone to call them. It is incorrect to say that SurenderKoli had not aided in the recovery of both the knives. The knife recovered on 11th was recovered right before me. I had arrested the accused SurenderKoli on the morning of 29.12.06 at around 8 am from the road that goes from the Post 26 towards Atta. The time when he was arrested there was no public on the road. At that time SurenderKoli was coming sitting in a rickshaw. Do not know where he was coming from. He was coming towards the Police Post.
To be continued after lunch…after lunch the arguments under oath remain
For the rest of the argument, accused SurenderKoli
I did not stop and ask the name and address of the rickshaw puller because he got down from the rickshaw and started running. The accused ran in the opposite direction of the post. SurenderKoli was caught by our staff. After catching hold of him he was taken to the police station. It is true that we questioned Surender and Maninder in the police station on 03.12.06. It is not true that I had given direction to ManinderPanher that he should present SurenderKoli before us on 25.12.06. I do not know that Satpal the driver of Maninder had brought SurenderKoli from his village. It is incorrect to say that on 27.12.06, Maninder had brought SurenderKoli to us. I had presented SurenderKoli before the C.J.M. GautamBuddh Nagar on 30.12.06 at around 3:30 or 4 pm in the evening. I had got the statement of SurenderKoli written after reading it to my Peshkaar. On 29.12.06, apart from the police force there were 3 more witnesses and apart from them there was nobody else from the public present there though there was a big crowd outside the Kothi. Inside the Kothi were the witnesses Ramesh, Pappu, NandLal. On 29.12.06 no saw was recovered. On 1st January, a saw was recovered but I did not make a recovery memo for it. The saw did not have any handle. It was a simple blade, I can not tell the length and breadth of the blade without looking at the memo. I have mentioned details of all the action taken in the case diary, which has the time also mentioned in it. It is not true that the map made by me, I have shown the recovery of all the skulls from behind D-5. Most of the skulls and bones were recovered from behind D-5 but some were recovered from extended gallery behind D-6. Dr. NavinChaudhary used to live in D-6. We had searched the house of Dr. Chaudhary but at that time we did not meet him. The doctor had not returned till the transfer of the investigation. I did not know this doctor from before. I do not know that the name of the same doctor had become highlighted in the kidney scandal. It is incorrect to say that on 29.12.06, apart from the local police there was no outside police force. The public had stoned the kothi and had broken glasses etc. that day and then after deputing force had sealed the Kothi. It is incorrect to say that on that day we had kept the accused sitting at the police station. The recovery of the saw on 01.01.07 was done by S.I. R.R. Dikshit and the accompanying force on my ordersdue to the prevailing law and order situation. On 29.12.06 S.I. ChhoteyLal was with me. SurenderKoli had accepted that he had called Payal on the pretext of getting her customers and had accepted killing her by strangling with her own Chunni. He also accepted doing more murders apart from this. SurenderKoliin his confessional statement said about cutting Payal’s head and throwing it in the gallery and making pieces of the rest of her body and throwing it in the drain. In the back gallery some bones were lying on top and some were buried in the earth which were excavated after digging. From the gallery about 15 skulls were recovered which could not be identified. The accused SurenderKoli had said Payal was killed on 7thMay, 2006. I do not remember the names of all the girls he mentioned. It is correct to say that the drain in the front was covered from D-5 to D-6 but in front of D-5 it was covered by slab in which one slab was broken. It is incorrect to say that the slab was broken by us. Some bones and other things were found in the drain in front and some from the direction of the flow of water. With the help of J.C.B. and karamcharis the drain was cleaned and everything was taken out. The J.C.B. was of Noida Authority and all the Karamcharis were of Noida Authority. No bone or material was recovered before D-5. Rather it was recovered from the flowing direction further.On 29th February mobile was recovered from SurenderKoli. I have made reference of it in the case diary. It is incorrect to say that I have shown fake recovery and its fake investigation sitting in the police station. It is also incorrect to say that no recovery was done with the aid of the accused. The father of the deceased had identified her slippers from the spot and he had identified the purse of Payal. That day the father of RimpaHaldar was not present there.
Court Certificate Transcribed After Listening
Sd.
Special Judge Anti-corruption U.P
A.D.S.J
Ghaziabad
17.01.08
P.W. 35 Dinesh Yadav, Deputy S.P. gave again his statement under oath.
27.01.09
In TalwidaPatrawali S. T. No. 439/07 the real memo is of 29.12.06 and the photocopy of this is Exhibit K-23 in this documentation. This recovery memo was written on the spot with reference to the recovered material that had been recovered with the aid of SurenderKoli. A reference of this was written in the C.D. and a copy of the memo was attached with the C.D. and was presented before the then C.J.M. GautamBuddh Nagar on 30.12.06 and he had gone through it. This memo was not recorded word by word in the memo. It was not written in the C.D. that memo had been prepared but the memo was attached along with it.
The witness upon seeing the document no. 285 A/1 of the TalwidaPatrawali S. T. No. 439/07 said that this was prepared on my instructions and which bears my signature. In this application by mistake the word meaning more than one accused has been used instead of mentioning one accused.
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For the Defense of Moninder Singh, Advocate Devraj Singh
It is true that on 29.12.06 during search a passport bearing no. 209027 issued from Chandigarh was taken by me under my custody. This passport was of Mininder Singh Pandher. The witness upon seeing the original passport said that this has immigration stamped on it of 31 January, 2005 Brisbane Airport 163 H Australia and the same has immigration stamp of I.G.I. Airport, Delhi stamped on 15th February 2005. I cannot say when is the stamp of immigration stamped. The stamp of Australia has no signature on it. Moninder Singh was in Australia for 4 hours on 31st January 2005 and this was not investigated by me. The passport has been assigned material Exhibit B-1. This is true that whatever was recovered on 29.12.06 was recovered with the aid of SurenderKoli. It is true that from 29th onwards the Kothi was sealed and after 29th the Kothi was searched many times. The narco test was necessitated because the accused were changing their statements and the other body parts had to be recovered.
For Defence of accused SurenderKoli, Amicus Kalu Ram
Opportunity to argue was given, did not argue.
Court Certificate Verified After Listening
Signature - illegible Signature - illegible
Special Judge C.B.I. Anti-corruption Special Judge C.B.I Anti-corruption
A.D.S.J A.D.S.J
Ghaziabad Ghaziabad
27.01.09 27.01.09