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CBI Vs Vijay Bhardwaj

1

In the Court of Sh. Rakesh Kumar Yadav, Addl. Sessions Judge-cum- Special Judge (CBI) Haryana at Panchkula.

Case No.6 of 2008. Code No.203600011972013 Filing No.1197/2013. Date of Institution: 19.08.2008. Date of Decision: 23.10.2015.

CBI

Versus

Vijay Bhardwaj son of Shri Khushi Ram, age-52 years, resident of House No.829, Sector-14, Gurgaon.

----Accused.

RC No. 4(S)/2008/CBI/SCB.I/New Delhi dated 02.06.2008. Under Section: 302 IPC and 25/27 of Indian Arms Act. Police Station: CBI/SCB/New Delhi.

Present:- Sh. Rajan Dahiya, Special Public Prosecutor for the CBI. Accused in custody represented by Shri Anil Kaushik, Advocate.

JUDGMENT :-

Stately, accused Vijay Bhardwaj S/o late Sh. Khushi Ram R/o

H.No.

829,

Sector-14,

Gurgaon

was

a

property

dealer

and

was

maintaining

his

shop-cum-office

on

Mehrauli

Road,

Gurgaon.

The

accused was having business relations with Rajbir Singh, ACP in Delhi

Police (since deceased). On 24.03.2008, ASI Pradeep Kumar (PW-16)

received a telephonic call from accused, who informed him that he had

shot a person (ACP Rajbir Singh) dead and wants to surrender. On

statement of ASI Pradeep Kumar (PW-16), FIR was registered vide FIR

117 dated 24.03.2008 (Ex.PW-16/1). Thereafter, ASI along with Shri

Krishan

Dev,

CBI Vs Vijay Bhardwaj

2

Sub-Inspector

(PW-17),

Head

Constable

Sher

Singh

proceeded to the place of occurrence i.e. shop-cum-office of accused,

situated at Mehrauli Road, Gurgaon. On reaching there, the aforesaid

police personnel found shutter of the aforesaid office half open, it was

dark and nobody was there. On entering into the office, they found a

person dead, lying with face downwards, in pool of blood, on floor of the

office-cum-shop. Sub-Inspector Krishan Dev (PW-17) inspected the spot.

In the meanwhile, Shri Tahir Hussain (PW-19) SHO PS Civil Lines

Gurgaon, Shri Ram Kalan ACP City Gurgaon and Shri Rakesh Arya, DCP

West, Gurgaon reached at the spot. An information was received by them

that accused had reached PS City Gurgaon and thus ASI Pradeep Kumar

(PW-16) along with Shri Krishan Dev (PW-17) and Head Constable Sher

Singh reached PS City Gurgaon, where accused Vijay Bhardwaj, already

present, was formally arrested in this case.

At the instance of accused, one Car make Verna, having

Registration

Number

DL-3C-AL

5456

issued

by

the

Registration

Authority Delhi, was recovered and from car 11,320/- (Ex.P-21 to Ex.P-

54), one mobile phone

(Ex.P-55) was recovered and these articles

including the car was taken into possession vide seizure memo dated

24.03.2008 (Ex.PW-16/2). The cash amount and mobile Nokia-73 were

converted into sealed parcel with seal impression of DS. Thereafter, the

accused was taken to Police Station Civil Lines, where shirt stained with

gun powder residue and shoes of the accused having blood-stains were

CBI Vs Vijay Bhardwaj

3

taken into police possession by the Investigating Officer Shri Krishan Dev

(PW-17) vide seizure memo (Ex.PW-16/3). The shoes and shirt was

converted into separate parcels, which was sealed by the Investigating

Officer. Thereafter, the aforesaid police officials again went to the place of

occurrence i.e. office-cum-shop of accused Vijay Bhardwaj.

2. On place of occurrence at different point of time blood-

stained newspaper (Ex.P-135 to Ex.P-138), one broken calculator (Ex.P-

134), two pieces of bullet lead (Ex.P-70), one chair (Ex.P-63), two glass

tumblers (Ex.P-67 to Ex.P-68), two soda water bottles (Ex.P-64 & P-65),

one

packet

of

Lehar

Namkeen

(Ex.P-66)

were

taken

into

police

possession vide seizure memo

Ex.PW-16/4. Mobile phone of deceased

Rajbir Singh ACP Delhi Police was taken into possession vide seizure

memo (Ex.PW-17/3), handbag of deceased Rajbir Singh was taken into

possession vide seizure memo (Ex.PW-17/5) and belongings of Rajbir

Singh were taken into possession vide seizure memo (Ex.PW-17/1). The

scene of crime was preserved by the Investigating Officer till arrival of

Ballistics team. It is also a case of the prosecution that Sub Inspector

Krishan Dev (PW-17) when earlier had entered into the office of accused

and found a man lying on the floor. He brought out wallet from right side

back pocket of the trouser worn by the deceased in presence of police

officials. On opening the wallet, one Identity Card having photograph of

Rajbir Singh ACP Delhi and another Identity Card of Special Crime

Branch Delhi and another Identity Card of Government of India Ministry

CBI Vs Vijay Bhardwaj

4

of Home Affairs (Ex.P-2 to Ex.P-4) were recovered. In the meanwhile,

Head Constable Lilu Ram (PW-27) and ASI Jawahar Singh (PW-28)

reached there, who were part of the PSO's of ACP Rajbir Singh of Delhi

Police and they also identified the dead body to be that of Rajbir Singh

ACP of Delhi Police. A sum of 1,130/- was also found in the said wallet

(Ex.P-1) besides coins worth 26/- (Ex.P-11 to Ex.P-17) and the same

were converted into sealed parcel with the seal impression of 'DS' and

taken into possession vide seizure memo (Ex.PW17/1). In addition to

aforesaid case property, Card of Chemsford Club Limited (Ex.P5), Card

of South Delhi Club (Ex.P6), Driving Licence of deceased (Ex.P-7), UTI

Bank Card (Ex.P8) and another card of deceased (Ex.P-9), medical slip

(Ex.P10) and two gold coins (Ex.P-18 & Ex.P-19) were taken into

possession and sealed with the seal of DS. Thereafter, inquest proceedings

under Section 174 Cr.P.C was conducted and a site plan of place of

occurrence was prepared as (Ex.PW17/2) {during investigation scaled

site plan (Ex.PW15/A) was drawn by Manoj Kumar, Draftsmen (PW-

15)}. Inquest report (Ex.PW12/3) was prepared and dead body of ACP

Rajbir

Singh

deceased

was

sent

to

Civil

Hospital

with

request

of

postmortem examination (Ex.PW13/1). The accused was produced in the

court and the court granted two days police remand of the accused for the

purpose of investigation.

3. Dead body was shifted to GH, Gurgaon for post mortem. A

team of doctors was constituted to conduct postmortem upon deceased

Rajbir

Singh ACP,

S.K.Sharma(PW13),

CBI Vs Vijay Bhardwaj

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consisting

Dr.

Mukesh

Rampal(PW12)

M.D.

Forensic

Medicines

General

and

Dr.

Hospital,

Gurgaon. Postmortem was conducted and thereafter post mortem report

(Ex.PW-12/1)

was

prepared

with

pictorial

diagram

(Ex.PW-12/2)

showing the seat of injuries. The doctors also appended their signatures on

inquest report (Ex.PW-12/3). Before conducting postmortem examination

the dead body was radiologically examined and skiagrams (Ex.PW-12/4

to Ex.PW-12/14) were prepared.

4. After postmortem, the doctors handed over the sutured dead

body, original PMR, 12 police papers, a sealed parcel containing socks

and shoes, a cloth parcel containing clothings, 8 X-ray sheets etc. etc as

detailed in PMR. It is also to be noted here that during postmortem

examination wrist watch and one golden ring was taken off from the dead

body of the accused and was handed over to police which was taken into

possession vide seizure memo (Ex.PW-14/1).

5. On 25.03.2008 at about 1:30 p.m., team from FSL visited the

place of occurrence i.e. shop-cum-office of accused and prepared report

(Ex.PW17/13) about scene of crime dated 09.05.2008 along with rough

sketch (Ex.PW60/1) of relative positioning of fittings and furnishings and

a relevant material object including bullets, chairs, pool of blood etc. etc.

and pointed out two bullet projectiles, out of them one was found

embedded in head rest of chair placed across the table and another

projectile bullet lying on the glass top of table.

During visiting scene of

CBI Vs Vijay Bhardwaj

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crime, photographs (Ex.PW-60/2 to Ex.PW-60/16) were taken and the

print out of the photographs taken were made part of the report of scene of

crime. On 25.03.2008, an application (Ex.PW-12/12) was moved to MO,

General Hospital Gurgaon to seek his opinion regarding entry and exit

wound and in pursuance of that Dr. S.K.Sharma (PW-13) gave report

dated 25.03.2008 (Ex.PW-12/13).

6. On 26.03.2008 accused Vijay Bhardwaj suffered disclosure

statement (Ex.PW-16/5) stating therein that he has kept concealed the

revolver, with which he had fired shot (committing murder of ACP Rajbir

Singh), in the bushes near Japanese Hotel situated on the road which leads

from South City Chowk to MDI Chowk Gurgaon and that he alone has

knowledge of the weapon and can get the same recovered. In pursuance of

aforesaid disclosure statement accused led the policy party and got one

revolver recovered from the bushes with his own hands. It was found that

the chamber of revolver was studded with two empty cartridge cases and

two live cartridges. The revolver, cartridge cases and the live cartridges

were taken into possession vide memo (Ex.PW-16/6). Sketch of revolver

was prepared vide

memo (Ex.PW-16/7) and site plan of the place, from

where recovery of revolver was affected, was prepared as Ex.PW-16/8.

The revolver and the cartridges were converted into sealed parcel with the

seal of 'DS'. The

cloth (Ex.P-72).

7.

sample seal impression 'DS' was taken on a piece of

On 28.03.2008, on further interrogation accused Vijay

CBI Vs Vijay Bhardwaj

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Bhardwaj suffered another disclosure statement (Ex.PW-17/6), disclosing

therein, that he had written a suicide note, which is kept in envelope and

lying in register and he can get the same recovered. In pursuance of

disclosure statement of accused, the accused lead the police party at that

place and got recovered one envelope containing some written material

and the same was found lying in the register. He also got recovered letter

heads of his office-cum-shop under name and style of M/s Vijay and

Associates Property Consultants and other relevant material which was

taken into possession by police vide seizure memo (Ex.PW-17/9).

8.

On

04.04.2008,

cassette

which

was

prepared

during

postmortem of deceased Rajbir Singh was taken into police possession

vide seizure memo (Ex.PW-17/10).

9. During investigation information was received from Manoj

Shikarwar, JWM/CT (Ex.PW-17/11) mentioning

therein the revolver

No.A-1031 is one amongst 100 revolvers issued to

Commandant 2 nd

Batalion, HAP, Madhuban, Karnal as per their record.

10.

On 16.05.2006 Dharambir Sharma (PW-51), Editor Zee

News provided CD of interview of accused to the police as (Ex.PW-

17/12).

During

investigation,

the

case

property

was

sent

to

FSL

Madhuban for Ballistic opinion and in this regard report dated 02.06.2008

(Ex.PW-60/17) was received by Investigation Officer as well as report

from

FSL (Ex.PW-56/1)

Madhuban

Serology

Department

was

also

received during investigation the material got recovered. At the instance

CBI Vs Vijay Bhardwaj

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of accused along with specimen signature and handwriting of the accused

was sent to FSL Madhuban and in this regard report (Ex.PW-58/16) was

received. Subsequently, investigation of this case was transferred to CBI

vide notifications dated 1.4.2008 and 27.5.2008 of Govt. of India.

11. Learned

Area

Magistrate

vide

order

dated

19.08.2008

committed the case as offence was punishable under Section 302 of

Indian Penal Code and 25/27 of Indian Arms Act, which is exclusively

triable by the Court of Sessions.

CHARGES

12. Vide order dated 09.09.2008, the accused was charge-sheeted

for the offences punishable under Section 302 Indian Penal Code

and

25/27 of the Arms Act to which he pleaded not guilty and claimed trial.

EVIDENCE OF PROSECUTION

13. In order to prove its case the prosecution has examined PW-1

Jasbir Singh son of Shri Ram Niwas. This witness has deposed that

accused was known to him for the last about three years. He came into his

contact through one Naresh Kumar. He used to invest money in property

dealing with accused. Others also used to invest money with accused and

the accused used to return the

money after a period of 15 days to one

month. On one occasion, he had invested money to the tune of 7.00 lacs

with accused in 2-3 properties. He had also invested a sum of 12.5 lacs

in a plot through Vijay Bhardwaj. When he demanded back his money, a

receipt Ex.PW1/1 was executed by accused and the same was handed

CBI Vs Vijay Bhardwaj

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over to CBI during investigation. Memo in this regard is Ex.PW1/2.

Earlier accused was having good reputation but he had started demanding

one or two days time for return of money.

14. The prosecution has further examined PW-2 Purshottam

son of Shri Mam Chand. This witness has deposed that he was running a

business of property under the name and style of Vaishno Properties,

Gurgaon and he along with Jasbir Singh were partners. He had advanced

16.00 lacs to accused for purchase of a plot and it was agreed that profit

will be equally divided between him and accused. Accused had given a

blank cheque as security or guarantee. The accused returned 10.00 lacs

to him within 2 months. On the day of incident, he had given a blank call

to the accused

and Accused sent

SMS that he will call him within 10

minutes. The accused gave him a call at about 3.00 pm informing that he

was out of station, he will get the sale deed executed and return the

money. An amount of 6.00 lacs was outstanding against the accused as

principal

sum.

On

25.03.2008

he

came

to

know

that

accused

had

borrowed money from others. The blank cheque Ex.PW2/2 signed by

accused was handed over by him to CBI vide memo Ex.PW2/1 and the

amount of cheque was 20 lacs.

15. The prosecution has further examined PW-3 Anil Malik son

of Shri Amar Singh Malik. This witness has deposed that he knows

accused since 2000. He came into contact with accused at the residence of

his brother-in-law (Sadhu) Bhupender Singh who was in the business of

CBI Vs Vijay Bhardwaj

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property dealing in Gurgaon. He was deputed with HUDA office in the

year 2000 till March 2005 and during this period he met with accused

who used to visit HUDA office at Gurgaon for about 15-20 times. He was

searching for small plot measuring 200-250 Sq. Yards at Gurgaon and in

this regard he requested the accused. The accused demanded sum token

amount

and he paid 6.00 lacs to the accused. After arranging

the

amount by mortgaging

the jewellery of his wife with Muthoot Group,

the accused could not locate any suitable plot for 2-3 months. He was

demanding return of money and the accused assured to return

the same.

On one occasion, in the month of December 2007 when he went to the

office of accused and found him in a happy mood, on inquiry the accused

told that ACP Rajbir Singh is posted in Special Cell as written in Times of

India Newspaper. The accused also told that he knew ACP Rajbir Singh

since he was studying with him. On 24.03.2008

accused told him to

return the amount. He tried to contact and also sent SMS to him. On this

Vijay Bhardwaj informed him that the money would be returned within a

week or 10 days positively. On 25.03.2008 he came to know from TV

telecast that ACP Rajbir Singh was murdered by accused.

16. The prosecution has further examined PW-4 Om Parkash

Yadav son of Shri Amar Singh. This witness has deposed that he was

dealing in transport business under the name and style of Amar travels

since 1996 as was also doing car's business. He knew Vijay Bhardwaj.

Vijay Bhardwaj was dealing with the property business and his office was

CBI Vs Vijay Bhardwaj

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located near his house. Accused used to take money from him for

investing in his property business ranging from 1.00 lac to 5.00 lac and

used to return the money after 4-5 days. Lastly in the beginning of 2008,

accused borrowed 4 lacs from him. He did not return the money and

kept on putting off him on one pretext or the other. He do not know about

the reputation of the accused. Lastly on 21 st and 22 nd March, 2008, he had

asked the accused to return the money and the accused assured he would

return the amount within 2-3 days. Accused used to say that ACP Rajbir

Singh was his friend and told him if there is any problem, he can help him

out.

17.

The prosecution has further examined PW-5 Jaibir Singh

son of Shri Chhatbir Singh. This witness has deposed that he was

working as a property businessman under the name and style of Jatin

Properties for the last 4-5 years. Earlier he was running business of car

sale and purchase in the name of JMD Motors, Delhi Road, Gurgaon. He

knew accused for th last 3-4 years through Mr. Jaggu of Ekta Motors.

Accused had borrowed an amount of 5.00 lacs from him with the

assurance to return the same. He returned 3.5 lacs but did not return rest

of the amount. He had contacted accused Vijay Bhardwaj on his telephone

No.9811444999.

18. The prosecution has further examined PW-6 Ashok Kumar

son of Shri S.P.Sharma. This witness has also deposed that he was

property dealer, knows accused Vijay Bhardwaj for the last 15-20 years.

CBI Vs Vijay Bhardwaj

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Accused was doing property business. There was a business transaction

between him and accused. The accused did not pay his commission

pertaining to purchase of plot by Joginder Singh. The accused did not pay

commission as property dealer to him regarding aforesaid plot. His elder

brother Shri Rajinder Sharma had purchased a plot through accused Vijay

Bhardwaj. At the time of execution of sale deed, accused gave 3.5 lacs

less amount to the vendor which remained unpaid by the accused.

Thereafter, there was a collaboration with a company named MRMGF for

sale of two acres of land which belongs to him and Vijay Bhardwaj was

the mediator in all dealings. To clear the commission accused issued a

blank cheque. The total commission of deal was 7.5 lacs and out of that

3.75 lacs was his share and rest of the share was of accused.

19. The

prosecution

has

further

examined

PW-7

Anshul

Maheshwari son of Shri Arun Kumar Maheshwari. This witness has

also deposed that he was running business of distribution of mobile sets

and jewellery under name of M/s Alankar Jewellers , Sadar Bazaar,

Gurgaon. He knew accused. The accused came into his contact. His father

retired from State Bank of India, situated just in front of shop of accused.

His father had purchased plot through accused Vijay Bhardwaj. He had

provided Mobile No.9811444999, a Postpaid connection to accused.

20. The

prosecution

has

further

examined

PW-8

Bhagwan

Prasad Gupta son of Shri Mukut Bihari Lal. This witness has deposed

that he was working as Accoounts Assistant in HUDA, Division No.1,

CBI Vs Vijay Bhardwaj

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Sector -15, Part II, Gurgaon. The witness was declared hostile and was

cross-examined by the Special Public Prosecutor.

21. The prosecution has further examined PW-9 Mukesh Yadav

son of Shri Jaswant Singh. This witness has deposed that his brother-in-

law Shri Jagpal Singh's office

under the name and style of M/s Ekta

Motors is located at Mehrauli Road,Gurgaon. He was running business

with Sanjay Bhardwaj. Sanjay Bhardwaj brother of Vijay Bhardwaj

accused. He learned from a newspaper that ACP Rajbir Singh has been

murdered and Vijay Bhardwaj has been arrested by the police. This

witness was declared hostile and was cross-examined by the Special PP.

22. The

prosecution

has

further

examined

PW-10

Mukesh

Kumar son of Daya Chand. This witness has deposed that he was

running business of property dealing under the name of Riya Properties

and knows accused from last 8-10 years. He knows Ramesh Malik. The

accused had purchased a Santro Car from from Ramesh Malik for a

consideration

of

50,000/-

plus

installments

through

him.

He

was

interested to purchased a plot and advanced 2.00 lacs as earnest money

to accused, however, the deal was cancelled and the accused returned

money to him. This witness was declared hostile and was cross-examined

by the Special PP.

23. The

prosecution

has

further

examined

PW-11

Ramesh

Katariya son of Daulat Ram. This witness has deposed that he was

Sarpanch of Village Basai and was contractor of liquor shop. He was not

CBI Vs Vijay Bhardwaj

14

having financial dealings with accused. This witness was declared hostile

and was cross-examined by the Special PP.

24. The prosecution has further examined PW-12 Dr. Mukesh

Rampal, Medical Officer General Hospital, Rewari. This witness has

deposed

that on

25.03.2008 he

along with

members

of

Board Dr.

S.K.Sharma, Forensic Expert conducted postmortem examination on the

dead body of ACP Rajbir Singh, OSO, Crime Branch, Sunlight Colony,

New Delhi. The Board noted down the following:

Body was of a well built male wearing blood soaked white

background stripped/lined shirt, black trouser, black socks and black

leathered shoes. Shirt was drenched in blood all over except front of left

shoulder. Pant too was moist with blood on its front. Face was smudged

with blood. The inner ½ of the left eye showed “black eye”. Rigor mortis

was present. The shirt and pant were cut open. The whole body was X-

rayed. X-rays did not show any bullet. Eight X-ray films had been handed

over to the police.

found:

During

postmortem

following

firearm

injuries

were

1. There was triradiate, star shaped firearm entry wound

in the upper middle front of the forehead. Upper half of

the wound was hidden in the hairy area. There was no

effect of gun powder like burning; tattooing etc. it was

1.5 x .5 cm and 6.5 cm above the middle of both

CBI Vs Vijay Bhardwaj

15

eyebrows.

2. A horizontally placed lacerated (Grazed wound) in the

left side of the head. Its front end was 4.5 cm above the

upper part of left pinna.

3. A circular firearm exit wound in the upper middle back

of the head. It was 1 cm in dia and was 1 cm to the left

of midline.

There was bright red extravasation of blood underneath

the scalp. There was “crater like” hole in the frontal area underlying

injury No.1. A fissured fracture starting from here extends backwards and

then to the right, it ends at about 7 cm above the right ear area. The skull

showed a circular hole underneath the injury No.3. There was extradural

haematoma. The left cerebral hemisphere was lacerated in the area of

crater hole. There was blood filled communicating track between injuries

No.1 and 3. Frontal base of the skull was fractured.

The board had given following opinion:

Death in this case was due to shock and hemorrhage as

a result of cranio-cerebral damage consequent upon firearm injuries.

Injury No.1 & 3 were firearm entry and exit wounds respectively and

caused by smooth bored firearm ammunition discharge at close range

(most likely tight contact). The injury No.2 was grazed wound.

He also deposed after the postmortem following were

handed over to the police:

CBI Vs Vijay Bhardwaj

16

1. Sutured dead body after PM.

2. Postmortem report in original.

3. Twelve police paper dully signed by board member.

4. A sealed clothed parcel containing the clothings of the deceased.

5. A sealed clothed parcel containing shoes of the deceased.

6. Eight X-Ray films. He has also deposed that the probable time between

injury and death was few minutes to one hour and between death and

postmortem within 24 hours. This witness has proved postmortem report

as Ex.PW12/1. Pictorial diagram showing seat of injuries as Ex.PW12/2.

Inquest

report

signed

by

the

board

as

Ex.PW12/3.

Skiagrams

as

Ex.PW12/4 to Ex.PW12/11. This witness has further proved application

Ex.PW12/12

moved

by

police

and

report

of

Dr.

S.K.Sharma

as

Ex.PW12/13. This witness has annexed affidavit Ex.PW12/A containing

material facts of postmortem examination.

25. The

prosecution

has

further

examined

PW-13

Dr.

S.K.Sharma, retd. Civil Surgeon, General Hospital, Gurgaon. This

witness has deposed that on 25.03.2008, he along with PW-12 Mukesh

Rampal, Medical Officer, General Hospital, Gurgaon had conducted

postmortem examination on the dead body of Rajbir Singh Yadav. This

witness has deposed in same tone and tenor observations details of

injuries handed over to police as deposed by PW-12 Mukesh Rampal.

The

witness

has

further

deposed

in

addition

that

the

CBI Vs Vijay Bhardwaj

17

application Ex.PW12/12 was moved by the police and on basis of that

application he had given his report to the police as Ex.PW12/13 in his

own handwriting, showing clarification of the injuries.

He gave further opinion that on perusal of the autopsy report,

it had been noticed that an error had crept inadvertently, in recording the

concluding portion of opinion. As was clear from the detailed report, these

injuries were caused by the passage of a rifled firearm ammunition

discharge and not by smooth bore ammunition discharge. It had been

requested that opinion may please be read accordingly.

As

regards

their query regarding entry and exit of the

projectile, a firm inference owing to the nature and location of the wounds

could not be drawn. Since the exit wound on the forehead could be

“strellate” in shape and also for the reason of absence of effect of

gunpowder around the injury on forehead it had been agreed that the

possibility of its entry from wound No.3 and exit from wound number he

could not be ruled out. However an opinion in that regard may please be

had from ballistics experts.

This witness has identified shoes and socks of the deceased as

Ex.MO/1, Ex.MO/2 and Ex.MO/3 and Ex.MO/4. He has also proved

pant of deceased as Ex.MO/5, belt as Ex.MO/6 and the shirt of deceased

as Ex.MO/7.

26. The prosecution has further examined PW-14 Sobha Ram,

Sub-Inspector CIA West,

Gurgaon. This

witness

has

deposed

on

CBI Vs Vijay Bhardwaj

18

25.03.2008, while he was posted in Police Post, Sector-14, Gurgaon,

Doctor handed over him belongings of the deceased and the same was

deposited by him Shri Krishan Dev, Sub-Inspector, Investigating Officer

of this case vide memo Ex.PW14/1.

27. The

prosecution

has

further

examined

PW-15

Manoj

Kumar, Draftsman, office of Commissioner of Police, Gurgaon. This

witness has deposed on 22.04.2008, after visiting the place of occurrence,

he has prepared site plan as Ex.PW15/A duly signed by him.

28. The

prosecution

has

further

examined

PW-16

Pradeep

Kumar No.517G, ASI PS Sector-5, Gurgaon. This witness has deposed

that in the month of November 2007, he was posted ASI in Civil Lines

Gurgaon. He had received an application moved by Dharamvir Sagar and

his brother Ranbir Sagar R/o 72, Mehrauli Road, Gurgaon.

As per

complaint it was disputed wherein one plot was sold by accused Vijay

Bhardwaj to the complainant after receipt of 32/33 lacs and committing

of cheating by accused.

This application was handed over to him for

enquiry. Both parties were called in Police Station. Vijay Bhardwaj had

agreed to return the amount to the complainant and sought time for

making payment. During aforesaid enquiry he was having mobile number

of both the parties i.e. complainant and Vijay Bhardwaj.

was

not

made

by

the

accused Vijay

Bhardwaj,

FIR

When payment

No.390

dated

19.12.2007 under Section 420, 467, 468, 471 of IPC was lodged at PS

Civil Lines, Gurgaon against Vijay Bhardwaj accused. He conducted raid

CBI Vs Vijay Bhardwaj

19

at house and office of the accused Vijay Bhardwaj but to no effect.

On 24.03.2008, he was present in the Court at Gurgaon in

connection with a bail matter. At about 11.00 a.m., he received a mobile

phone call from Vijay Bhardwaj. Vijay Bhardwaj stated that he wants to

surrender in the above stated case. He had asked him to come to P.S. but

Vijay Bhardwaj did not come for surrendering.

Same day at about 9:20

pm accused Vijay Bhardwaj inquired about the jurisdiction of the Police

Station under which his office falls.

He informed that the jurisdiction of

aforesaid place was under jurisdiction of P.S Civil Lines. The call was

disconnected. Again he received call from Vijay Bhardwaj accused.

Accused disclosed that he had shot a person in his office and his dead

body is lying in his office. He further stated that he wanted to surrender

before the police. On this, he told him to surrender before SHO of the P.S.

and he

will call him in this regard. He had informed the SHO from

mobile phone.

After waiting for the accused Vijay Bhardwaj for some

time and after disclosing the fact to SI Krishan Dev, who was present in

the Police Station at that time, he got an FIR registered in this respect vide

FIR No.117 dated 24.03.2008 in P.S. Civil Lines Gurgaon as Ex.PW16/1.

Thereafter, he along with Shri Krishan Dev, HC Sher Singh and Constable

Jaspal left for the place of occurrence at Mehrauli Road. There was no

electricity at that time. Shutter of the office was open. On entering it was

found that a man was lying with faced downwards on the floor of the

office and there was a pool of blood. SI Krishan Dev inspected spot and in

CBI Vs Vijay Bhardwaj

20

the meantime, Shri Tahir Hussain SHO PS Civil Lines, Gurgaon, ACP

City Gurgaon Shri Ram Kalan and Shri Rakesh Arya DCP West reached

there. Information was received that accused Vijay Bhardwaj had reached

P.S. City Gurgaon. He along with Shri Krishan Dev, HC Sher Singh

reached P.S. City Gurgaon where accused was arrested in this case.

At the instance of the accused one car make Verna having

registration number issued by the Registration Authority, Delhi was

recovered

along

with

11,320/-

in

cash,

one

mobile

set

and

the

same was taken into possession by the police vide memo Ex.PW16/2.

Cash and mobile Nokia-73 were kept in to sealed parcels vide memo

Ex.PW16/2. From there, they reached P.S. Civil Lines along with the

accused and shirt and the shoes of the accused stained with blood were

taken into possession by IO Shri Krishan Dev vide recovery memo

Ex.PW16/3. The same was attested by him. The case property was

converted into sealed parcels. From there they again went to the place of

occurrence and IO took into possession, the blood stains some newspaper,

one broken calculator, two pieces of bullet lead, one chair, two glasses,

two soda water bottles, one packet of Lehar Namkeen etc. vide seizure

memo Ex.PW16/4 and the same was attested by him as well as HC Sher

Singh and Shri Tahir Hussain SHO P.S.Civil Lines Gurgaon. Except

glasses and chair, the case property was converted into sealed parcels and

recovery memos Ex.PW16/2 to Ex.PW16/4 were prepared and signed by

SI Krishan Dev. Later on they came to know that dead body recovered

CBI Vs Vijay Bhardwaj

21

was of ACP Rajbir Singh of Delhi Police.

On 26.03.2008, in pursuance of disclosure statement of

accused Ex.PW16/5, the accused led the police party in the bushes near

Japanese Hotel situated on the road leading from South City Chowk to

MDI Chowk and got recovered the revolver which was taken into

possession vide memo Ex.PW16/6 and the same was attested by him and

HC Madan Kumar. Along with revolver two live cartridges and two

empty cartridge cases were recovered. The case property was sealed. The

rough

sketch of recovered revolver was prepared and the site plan of the

place

of recovery of revolver was prepared vide memo Ex. PW16/7 and

Ex.PW16/8. The witness identified sealed parcels Ex.P70, Revolver

ExP71,

sealed

impression

DS

Ex.PW72,

Parcel

containing

three

envelopes containing the seal of FSL Ex.P73 to Ex.P75. Rough site plan

with correct marginal notes Ex.PW17/2 was prepared by IO. This witness

has further deposed that scene of crime till arrival of Ballistics Experts

Team and Photographer Satish Kumar was summoned from police line

and he took the photographs of the scene of crime. Shri Tahir Hussain,

Inspector SHO PS Civil Lines Gurgaon and Shri Ram Kalan ACP City

Gurgaon informed that Vijay Bhardwaj accused has surrendered and the

IO should go to PS City Gurgaon. The witness identified chair as Ex.P63,

Soda water bottles as Ex.P64 and Ex.P65 and packet of Lehar Namkeen

and

empty

tumblers

as

Ex.P66

to

Ex.P68,

newspapers as Ex.P135 to Ex.P138.

calculator

as

Ex.P134,

CBI Vs Vijay Bhardwaj

22

29. The prosecution has further examined PW-17 Krishan Dev

retd. SI resident of House No.E-634 SGM Nagar, Faridabad. This

witness has deposed that on 24.03.2008, he was posted in Civil Lines

Gurgaon. On receipt of information from ASI Pradeep Kumar, he had

registered FIR No. 117 dated 24.03.2008 under Section 302 IPC and

25/54/59 of Arms Act as Ex.PW16/1 and sent special report. Thereafter,

he along with ASI Pradeep Kumar, HC Sher Singh, Constable Jaspal left

the

Police Station

to reach

the place

of occurrence. The place

of

occurrence was office-cum-shop under the name and style of Vijay &

Associates. This witness

further deposed that he brought out a wallet

from the right side back pocket of the trouser worn by the deceased in the

presence of ASI Pradeep Kumar and other police officials. This witness

deposed that vide memo Ex.PW17/1 belongings of deceased of ACP

Rajbir Singh were taken into possession and were attested by

HC Leelu

Ram and ASI Jawahar Singh and identified the same as Ex.P1 to Ex.P20.

He has also proved rough site plan Ex.P17/2. This witness has also

identified the case property Ex.P21 to Ex.P54 (the case property which

was recovered by the police from the place of occurrence). This witness

has also proved Nokia N-73 and Nokia 6300 and recovery of car from the

accused. This witness has proved that after postmortem report Shri

Shobha Ram ASI produced clothes and shoes of deceased along with gold

ring and wrist watch and the same were taken into possession vide

recovery memo Ex.PW14/1. This witness has also proved pair of shoes of

CBI Vs Vijay Bhardwaj

23

accused as Ex.P56. The cloth in which the shoes were wrapped as Ex.P57

vide seal impression Ex.P57/1 to Ex.57/9. This witness has also proved

shirt as Ex.P58 recovered from accused Vijay Bhardwaj and the cloth in

which it was sealed as Ex.P59 and the sealed impression as Ex.P59/1 to

Ex.59/5. This witness has further proved plastic container as Ex.P62 in

which two pieces of lead were there Ex.P60 and Ex.P61 and the same

were taken into possession from the place of occurrence. This witness has

further proved recovery of memo Ex.P17/3 vide which mobile phone

Nokia 6300 stained with blood was taken into possession and proved the

Nokia Phone as Ex.P62. This witness has further proved recovery of

memo Ex.PW16/4 and the same was converted into a sealed parcel. The

blood was lifted from the glass lying on the table, which was also

converted into a sealed parcel. He has also proved chair as Ex.P63, which

was taken into possession. The chair has a torn portion from where the

lead of the bullet was recovered by the Ballistic Expert at the scene of the

crime. This witness has also proved other material objects recovered from

the place of occurrence as Ex.P64 to Ex.P68. He has also proved

recovery of memo

Ex.PW17/4. This witness has also proved a bag

containing 25,000/-, one mobile Nokia 6300, one comb, two keys and

some medicines, one pen and photocopy of D.L. of Basant Kumar, one

statement about principal return and piece of paper having some accounts,

piece of paper with lines having date 30.06.2007 written and the same

were taken into possession

vide memo Ex.PW17/5 and was signed by

CBI Vs Vijay Bhardwaj

24

HC Leelu Ram and ASI Jawahar Singh. The aforesaid articles were

identified to be belongings of deceased Rajbir Singh by HC Leelu Ram

and ASI Jawahar Singh. The bag containing articles proved as Ex.P69.

This witness has further deposed that he had prepared scaled

site plan as Ex.PW15/A through Manoj Kumar Draftsman and recorded

the statement of witnesses Dharamvir Sharma, Editor Zee News Gurgaon.

This

witness

also

deposed

that

accused

Vijay

Bhardwaj

suffered

disclosure statement Ex.PW16/5 and in pursuance of his statement

accused led the police party to the place and got recovered one revolver in

the bushes with his own hands. It was found that the chamber of revolver

contained two empty cartridge cases and two live cartridges and the same

were sealed. The aforesaid property were taken into possession vide

memo (Ex.PW-16/6). The sketch of the revolver was prepared. This

witness identified the revolver as Ex.P71 and sketch of revolver as

Ex.PW16/7. The rough site plan as Ex.PW16/8. This witness has proved

the case property recovered as Ex.PW71. He has also deposed on return,

the case property was deposited with the MHC of Police Station. He also

deposed that he wrote an application to the office of DCP West to know

about real owner of the revolver. The said application along with covering

letter was sent to Kanpur Ordinance Factory to know about the real owner

of the revolver. He had recorded the statement of servant of accused Vijay

Bhardwaj namely Krishana Kumar under Section 161 Cr.P.C. He has

deposed that accused Vijay Bhardwaj was produced in the court of Illaqa

CBI Vs Vijay Bhardwaj

25

Magistrate, Gurgaon and police remand was sought which was accorded

for three days.

On 28.03.2008, he interrogated accused Vijay Bhardwaj, who

suffered

disclosure

statement

Ex.PW17/6

and

got

recovered

his

confession note running into 3 pages. The attested copy is Ex.PW17/8.

The same were taken into police possession and were sealed in an

envelope. This witness has proved recovery of material as Ex.P76 to

Ex.P85. All the aforesaid material were taken into possession vide memo

Ex.PW17/9 attested by HC Satish Kumar and Constable Rajesh Kumar.

He also deposed the case property was deposited with MHC PS Civil

Lines, Gurgaon. This witness has also deposed that on 30.03.2008, he

produced the accused Vijay Bhardwaj before Illaqa Magistrate and was

sent

to

judicial

custody.

On

31.03.2008,

Constable

Satish

Kumar

produced 14 negatives and 28 photographs of the place of occurrence

which are Ex.P86 to Ex.P127. This witness has deposed that EHC

Kanwar Singh produced one CD containing the videography of the

proceedings of the postmortem examination on the dead body of the ACP

Rajbir

Singh.

The

CD

was

taken

into

possession

vide

memo

Ex.PW17/10. He produced CD as Ex.P128.

On 05.04.2008, he had received report from Kanpur from the

office of DCP

West regarding the ownership of the revolver opined by

Shri Manoj Shikarwar JWM/CT that Revolver No. A1031 is one among

the 100 revolvers issued to Second Battalion HAP Madhuban Karnal and

CBI Vs Vijay Bhardwaj

26

issued on 26.02.1993 as per their record. On 16.05.2008 Mr. Dharamvir

Editor Zee News produced a CD which was taken into possession vide

memo Ex.PW17/12 and was sealed.

He identified the CD as Ex.P129.

This witness has also deposed that he had recorded Shri Bhagwan who

attested

the

memo

25.03.2008 he had

Ex.PW17/12

under

Section

161

Cr.P.C.

On

taken into possession some traces of blood which

were scratched from the glass lying on the table of the office-cum-shop of

the accused and the same was taken into police possession and identified

the wrapping cloth as Ex.P130 and the plastic container as Ex.P131. He

had also taken into possession the plastic container from the office-cum-

shop of the accused and proved container as Ex.P133 and a piece of cloth

in which it was wrapped as Ex.P132. This witness has proved material

objects recovered from the place of occurrence as Ex.P134 to Ex.P138.

He also deposed that the same were taken into police possession vide

Ex.PW16/4. He deposed that the report of Ballistic Expert Ex.PW17/13

running into six pages were obtained by him.

The special report was sent to the Illaqa Magistrate on

24.03.2008 which was received by Duty ACJM on 6.15 am on 25.03.2008

which

is

Ex.PW17/14.

He

received

postmortem

report

during

investigation. Afterwards the investigation was handed over to CBI. This

witness identified the accused in the court.

30. The prosecution has further examined PW-18 Manmohan

son of Late Dr. B.M.Sharma, who has deposed that on 07.06.2008, he

CBI Vs Vijay Bhardwaj

27

was working as a bar man in Hotel Park Plaza at Gurgaon and he has seen

Vijay Bhardwaj and Rajbir Singh coming to Hotel Park Plaza in the bar.

He used to serve them the whisky. Both of them used to take black label.

On one occasion, Vijay Bhardwaj accused came alone. It was India-

pakistan Match and he enjoyed Whisky while sitting in the bar. India won

the match and he had opened 'Champagne'. He has proved statement

Ex.PW18/A.

31. The

prosecution

has

further

examined

PW-19

Tahir

Hussain, ACP Crime Gurgaon, who has deposed that on 24.03.2008 he

was posted as SHO in police station Civil Lines, Gurgaon. At about 11.45

p.m./12.00

midnight,

he

received

information

in

the

police

station

regarding murder. The information was received by him telephonic ally

when he was patrolling the area and the same was given by ASI Pardeep

Kumar. It was informed to him that accused Vijay Bhardwaj committed

murder in his office at Mehrauli Road, Gurgaon. He reached at the spot

and SI Krishan Kumar and other police officials were present on the spot.

On 25.03.2008, he had inspected the spot. The Ballistic Expert was

summoned at the spot. Dr.R.K.Kaushal, the Ballistic Expert collected two

leads of bullets from the spot, one from the table and one from the chair.

He further deposed that both the leads of bullets given to him by Dr.

R.K.Kaushal were handed over by him to SI Krishan Kumar and the same

were put in a container and sealed with the seal 'DS'. In this regard,

seizure memo Ex.PW16/4 was prepared which bears his signature. Other

CBI Vs Vijay Bhardwaj

28

witnesses from the place of occurrence was taken into possession vide

seizure memo Ex.PW16/4.

32.

The prosecution has further examined PW-20 ASI Sheesh

Pal

son

of

Shri

Mohan

Lal.

This

witness

has

deposed

that

on

25.03.2008, he was posted in Special Staff Sector 10, Gurgaon as

computer Incharge. Mr. Sanjeev Kumar Inspector was the Incharge of the

said

Special

Staff.

He

further

deposed

that

call

details

statements

Ex.PW20/2 to Ex.PW20/5 pertaining to mobile phone No. 9873919999

(three

pages)

of

ACP

Rajbir

Singh,

accused

Vijay

Bhardwaj

(9811444999),

Pardeep

Kumar

(981832454)

and

Lilu

Ram

PSO

(9891181899) for a period of February and March, 2008 was supplied to

him which were taken

into police

possession

vide recovery memo

Ex.PW20/1. On 29.03.2008, he gave details of SMS (eight pages) for a

period from 15.3.2008 to 24.03.2008 sent by Rajbir Singh ACP from the

mobile phone No.9873919999 to accused Vijay Bhardwaj on his mobile

phone No.9873919999 of Rajbir Singh ACP which details were taken into

possession of the police by Sanjeev Kumar Incharge Special Staff

vide

recovery memo Ex.PW20/6. This witness has also proved details of SMS

as Ex.PW20/7 to Ex.PW20/14.

33. The prosecution has further examined PW-21 ASI Davender

Singh No.16 CIA Sector-17, Gurgaon. This witness has deposed that on

25.03.2008, he was posted as MHC at Police Station Civil Lines,

Gurgaon. On that day, SI Krishan Dev after returning to police station at

about

5.30

CBI Vs Vijay Bhardwaj

29

p.m. after conducting investigation of FIR No.117/08

accompanied with accused Vijay Bhardwaj after producing him before the

Illaqa Magistrate came and handed over case property which he had kept

in safe custody in malkhana after making entry in register No.19. In this

regard, this witness has proved DDR No.17 as Ex.PW21/A and entry in

register No.19 as Ex.PW21/A-1. This witness

on

26.3.2008,

SI

Krishan

Dev

returned

to

has further deposed that

the

police

station

after

conducting further investigation and handed over one revolver of .32 bore

along-with two live cartridges and two cartridge cases/empty shells to him

and same was kept by him in safe custody. In this regard, DD entry No.20

dated 26.03.2008 was proved as Ex.PW21/B and entry in register No.19

as Ex.PW21/B-1. This witness has proved that on 28.03.2008, SI Krishan

Dev returned to the

police station after conducting further investigation

of the above-stated case and one confession note of the accused alongwith

7 letter pads papers and visiting cards were deposited with him and he

kept the same in safe custody in the malkhana. He has proved the entry

entry No.19 dated 28.3.2008 in this regard in the DDR register as

Ex.PW21/C and the relevant entry in the register No.19 as Ex.PW21/C-

1.

This witness has further proved that on 4.4.2008, ASI Kanwar Singh

deposited

one video cassette of the videography prepared at the time of

conducting the post-mortem examination on the dead-body was deposited

with him and he kept the same in safe custody in the malkhana.

He

proved relevant

entry

No.28 dated 4.4.2008 in this regard in DDR

CBI Vs Vijay Bhardwaj

30

register as Ex.PW21/D and the relevant entry in the register No.19 as

Ex.PW21/D-1. This witness has further deposed that on 12.04.2008,

SI

Krishan

Dev

deposited

the

specimen

signatures

of

accused

Vijay

Bhardwaj and he kept the same in safe custody in the malkhana. He

proved the relevant entry No.15 dated 12.4.2008 in this regard in the DDR

register No.19 as Ex.PW21/E-1. He further deposed that on 16 .5.2008,

he deposited one CD prepared by ZEE News with him and entry in this

regard in the DDR register bearing No.31 and the same is Ex.PW31/F

and the relevant entry in the register No.19 as Ex.PW21/F-1.

34.

The prosecution has further examined PW-22 Constable

Satish

Kumar

No.1205, Gurgaon. This witness has deposed that SI

Krishan Dev, SI of Police Station Civil Lines, Gurgaon called him to the

spot and he had taken photographs Ex.P1 to Ex.P14, the negatives of

which are Ex.P15 to Ex.P28.

35. The prosecution has further examined PW-23 Vishal son of

Shri Chander Prakash, resident of 854/27, Madanpuri, Gali No.10,

Gurgaon. This witness has deposed that he had never used mobile

No.9811444999 and do not know who is Vijay Bhardwaj and Ansul

Maheshwari. He has further deposed that application form in the name of

Vishal Kumar does not bears his signature and was never filled up by him

nor the documents were annexed by him. He has further deposed that

documents Ex.PW23/1 and Ex.PW23/2 were never submitted by him to

the ESSAR Cellphone, Delhi.

CBI Vs Vijay Bhardwaj

31

36. The prosecution has further examined PW-24

Rajinder

Singh, retd. SI, resident of House No.359, Sector-10, Gurgaon. This

witness has deposed that he was posted in PS Cvil Lines, Gurgaon. On

28.3.2008, MHC Devender Singh of PS Civil Lines, Gurgaon had handed

over to him sealed parcels bearing seal impression DS and one sample

seal of mortuary of General Hospital, Gurgaon for depositing the same in

FSL vide road challan No.130 dated 28.3.2008. He further deposed that he

took the samples to the FSL Madhuban on the same day and deposited the

said parcels etc. in FSL Madhuban with seals intact and on his return, he

deposited the receipt with MHC. He further deposed that during the

period the case property/parcels of this case remained with him, he did not

allow anybody to tamper with the same nor those samples/case property

was tampered by him and till

the deposit of the

same in the FSL

Madhuban, he kept the case property in his safe custody.

37.

The prosecution has further examined PW-25 EHC Kanwar

Singh,

office of DCP Crimes, Gurgaon, who has deposed that on

25.3.2008, he was posted in the office of DCP Crimes Gurgaon. He has

deposed that he had videographed the proceedings of the post mortem

examination of ACP Rajbir Singh of Delhi Police which was conducted at

General Hospital, Gurgaon. He further deposed that after the proceedings

were over, he handed over one cassette to Krishan Dev SI which was

taken into police possession by him vide recovery memo dated 4.4.2008

which was signed by him. He has seen the recovery memo Ex.PW17/10

CBI Vs Vijay Bhardwaj

32

and he identified his signatures on the same. He further deposed that the

cassette handed over by him to SI Krishan Dev was without any touching.

38. The prosecution has further examined PW-26 C. Shibu K. P.

No. 9799, South East posted at PS Greater Kailash-I, Delhi, who has

deposed that he joined Delhi police in the year 1995 and in the year 2005-

06, he was posted in Security Police and was deputed as one of the PSOs

with Shri Rajbir Singh, ACP Delhi and he used to keep one pistol with

him during the period he used to remain on duty with Rajbir Singh. He

further deposed that he had visited the residence of Rajbir Singh and had

accompanied office of Vijay Bhardwaj. He further deposed that prior to

the occurrence of this case, he had accompanied Rajbir Singh ACP on

duty and had accompanied to Park Plaza Bar. He further deposed that the

money which was received by ACP Rajbir Singh from Vijay Bhardwaj in

the polythene bag, the same was taken by ACP Rajbir Singh to his

residence Andrews Ganj by putting the same in a briefcase. He identified

accused Vijay Bhardwaj.

39. The prosecution has further examined PW-27 HC Lilu Ram

No.431 Traffic, KHC Circle, New Delhi, who has deposed that he joined

Delhi police on 21.10.1986. He further deposed that in the year 1993, he

was posted in 9th Battalion for security duty and he was deputed as PSO

to ACP Rajbir Singh, Delhi police in the month of January, 2007.

40. The

prosecution

has

further

examined

PW-28

Jawahar

Singh No.3851/D, presently posted at Crime Branch Sunlight Colony,

CBI Vs Vijay Bhardwaj

33

New Delhi. This witness has deposed that he joined Delhi police on

7.12.1989. He was deputed as driver with ACP Rajbir Singh in the year

1999. During the month January or February 2006, ACP Rajbir Singh was

transferred to Special Operation Squad Sunlight Colony, near Ashram

Chowk Delhi. Accused Vijay Bhardwaj used to meet ACP Rajbir Singh

frequently. The office of Vijay Bhardwaj was situated at Mahrauli Road,

Guargaon.

ACP Rajbir Singh used to visit the office of accused Vijay

Bhardwaj frequently. On 24.3.2008, he accompanied ACP Rajbir Singh to

police HQ and in the afternoon session they returned to the office.

At

about 6.45/7.00 pm ACP Rajbir Singh directed him to accompany him to

Gurgaon and he along with PSO Lillu Ram drove him to Gurgaon. An

escort of one HC and three constables also accompanied them. ACP

Rajbir Singh directed Lillu Ram to ask accompanying escort to stay at

IFFCO chowk. At about 8.00/8.15 pm they reached at the office of Vijay

Bhardwaj

and parked their vehicle

in front

of

the office of Vijay

Bhardwaj.

After some time servant of Vijay Bhardwaj came and told

them that ACP Rajbir Singh has directed them to park the vehicle near the

petrol pump and then he

parked the vehicle at nearby petrol pump.

He

further deposed that at about 9.25/9.30 pm SI Davender Singh of SOS

crime branch asked about the position of ACP Rajbir Singh from him on

his mobile phone and it was told by Davender Singh ASI that ACP Rajbir

Singh was not picking his phone. Then Davender Singh gave a message

that ACP Rajbir Singh be asked to talk to DCP Crime Sh.Anil Shukla.

CBI Vs Vijay Bhardwaj

34

Then he went to the office of Vijay Bhardwaj, but there was no response

from inside the office, then he noted down the number of Vijay Bhardwaj

which was written/displaced at the entrance door of the office of accused

Vijay Bhardwaj and then he contacted Vijay Bhardwaj on that mobile

phone and asked as to convey the message to ACP Rajbir Singh to contact

DCP Crime.

Then the accused Vijay Bhardwaj asked them to go to the

residence of ACP Rajbir Singh situated at Sushant Lok and that he along

with ACP Rajbir Singh is coming there. He along with Lillu Ram came to

the vicinity of Sushant Lok where residence of ACP Rajbir Singh is

situated and waited for him there. At about 11.00 pm SI Davender Singh

contacted him on his mobile phone and asked why ACP Rajbir Singh has

not contacted DCP.

SI Davender Singh directed them to reach the place

where they had left ACP Rajbir Singh. He informed SI Davinder Singh

that ACP Rajbir Singh is not picking his mobile phone and that Vijay

Bhardwaj had asked him to reach at Sushant Lok but none of them have

turned up at the residence of ACP Rajbir Singh.

In the meantime, SHO

police line contacted him on his phone and PSO Lillu Ram and asked

them

to reach at the place where they had left ACP Rajbir and they

immediately reached the office of accused Vijay Bhardwaj where they

saw a huge crowd. Till that time they were not aware that ACP Rajbir

Singh had been murdered.

PSO Lillu Ram immediately contacted the

escort and called them to arrive at Vijay Bhardwaj’s office-cum-shop. He

further deposed that on one occasion Vijay Bhardwaj had given money in

CBI Vs Vijay Bhardwaj

35

a polythene bag to hand over the same to ACP Rajbir Singh, but he do not

know the exact figure of amount.

ACP Rajbir Singh never carried his

weapon with him to the office of Vijay Bhardwaj. He used to keep his

pistol in his briefcase and used to leave the same in the vehicle with the

PSO. Five-seven days prior to the festival of Holi in the year 2008 Rajbir

Singh ACP had visited the office of Vijay Bhardwaj at about 1.00/1.30

pm. While on the way he told Vijay Bhardwaj on his mobile in anger that

he is coming to his office and will see him. ACP Rajbir Singh stayed at

the office of Vijay Bhardwaj for about one and half hour.

ACP Rajbir

Singh had a private office at C42 Lajpat Nagar II, New Delhi and he used

to sit in his office for long hours. He identified accused Vijay Bhardwaj

present in the Court today who was a frequent visitor to the office of ACP

Rajbir Singh and vice-versa. His statement was recorded.

41. The prosecution has further examined PW-29 Dharminder

Sachdeva son of late Shri Daya Nand Sachdeva, who has deposed that

he was having distributorship of Hutch mobile company at Gurgaon and it

remained with him for the year 1998 to 2002.

He further deposed there

were about 150 dealers with whom he used to carry on his business of

distributorship. He further deposed that one of the dealer was M/S Cellco.

Shri Anshul Maheshwari was the Proprietor of the said firm M/S Cellcom.

On the receipt of consumer application form from M/S Cellcom, the

company used to issue cell numbers. He had received an application form

from Mr. Sunil Modi, who was the then his employee which was collected

CBI Vs Vijay Bhardwaj

36

by him from M/S Cellco for issuance of mobile cell number. He further

deposed that the company had issued mobile No.9811444999. He further

deposed that in the year 2002, there was no much requirement of

verification of the particulars of the applicant for issuance of the SIM

card. The application form used to accompanying photograph of the

applicant with ID proof.

42. The prosecution has further examined PW-30 Shyambir

Singh, Advocate, who has deposed that he is practicing as an Advocate

since 1989 at District Court Complex, Gurgaon. He know accused Vijay

Bhardwaj as he was conducting his two cases. He further deposed that on

23.3.2008, he contacted accused Vijay Bhardwaj and he told him that he

wants to meet him. He called him at his residence and accordingly came

to his office at 8.45 a.m. On 24.3.2008.

He discussed some matter with

him and left.

At that time, accused Vijay Bhardwaj was looking tense.

He further deposed that on 24.3.2008, he received a telephonic call from

accused Vijay Bhardwaj at about 11.00 p.m. from his mobile phone

No.9811444999 on his mobile phone No.9810429995 and accused Vijay

Bhardwaj informed him that a murder had taken place. He seemed to be

very nervous

while he was talking with him. He asked him about the

person killed but he did not name the said

person murdered. Accused

Vijay Bhardwaj told him that he wanted to surrender and asked him to

make arrangement of his surrender. He suggested him to come to him in

the morning. Thereafter, he disconnected the phone. He further deposed

CBI Vs Vijay Bhardwaj

37

that his statement was recorded.

43.

The

prosecution

has

further

examined

PW-31

Sandeep

Sharma son of Shri Toder Kumar, who has deposed that

he know

accused Vijay Bhardwaj for the last more than 20 years.

He further

deposed that on 24.3.2008, he received a telephonic call from Sanjay

Bhardwaj brother of the accused and asked him to come his residence. He

inquired from him as to what was the urgency he told him to come

immediately, then he went to his house and saw the mother, sister and

Bhabhi of the accused were found weeping. After some time, he received

a telephonic call from accused Vijay Bhardwaj on his mobile that when he

had gone to his shop then he saw the dead body of Rajbir Singh and he

further told him that he was apprehending that he may not be killed by the

police in a false encounter and that he want to surrender before the police.

This witness was declared hostile at the request of learned PP for the CBI

and was allowed to be cross-examined by him.

44. The prosecution has further examined PW-32 Dharamvir

Sagar son of Shri Tarsem Lal, who has deposed that he is running the

business of sale of auto parts in the name and style of M/S Dharam Auto

Engineering Works since 1961. He was dealing in the business of property

dealing and the name of his concern was M/S Vijay and Associates and

his office was situated opposite State Bank of India Mahrauli Road,

Gurgaon. In the month of September, 2007, he contacted Vijay Bhardwaj

accused as he was interested in purchasing some property. Thereafter, an

CBI Vs Vijay Bhardwaj

38

agreement was executed between them for the purchase of two plots

situated

at

Vyapar

Sadan

Opposite

Groovie

Hotel,

Mahrauli

Road,

Gurgaon. He had paid a sum of 35.5 lacs as earnest money to the

accused against the purchase of said two shops.

The agreement was

signed by him and accused Vijay Bhardwaj. He had agreed to return

double of the amount of earnest money in case he failed to execute the

sale deed in his favour. Thereafter, he consulted one Mr. Ashok Bhatia

who was his known and was dealing in the business of property. He told

him that the said two plots have already been sold by Vijay Bhardwaj to

somebody else. Then, he contacted the accused and asked him to return

his money and he also conveyed to him that he has committed fraud with

him and has cheated him but the accused did not return his money.

Thereafter, when the accused failed to return his money inspite of his

repeated requests, then he Shri Mohinder Lal Commissioner of Police

Gurgaon and moved a complaint against the accused and the said

complaint was sent to SHO PS Civil Lines, Gurgaon and a case under

Sections

420,467,468,471

IPC

was

registered

against

accused Vijay

Bhardwaj vide FIR No.390 dated 19.12.2007 in Police Station Civil

Lines, Gurgaon. His statement was recorded by the CBI.

45. The prosecution has further examined PW-33 HC Padam

Singh No.5015/Security, E-Block, Security Line, Delhi. He was deputed

as Security Personnel in escort of ACP Rajbir Singh (since deceased). On

24.3.2008, he was In-charge Escort duty of ACP Rajbir Singh (since

deceased)

CBI Vs Vijay Bhardwaj

39

and police

constables

namely

C Sudhir,

C

Rajiv

and C

Karambir were with him in escort duty on that day. The escort party used

to move in vehicle. On 24.3.2008, at about 7.00 p.m., they left office

situated at Sunlight Colony, New Delhi in escort of ACP Rajbir Singh and

reached Iffco Chowk, Gurgaonat about 7.45 p.m. HC Lillu Ram, Civil

PSO directed them to stop and wait at Iffco Chowk only and they will be

called if thee was any need and thus, they stopped there. At about 11.30

p.m., Constable Sudhir received a mobile call from HC Lillu Ram asking

him to reach Kalayani Hospital. When they reached Kalayani Hospital,

they found crowd of Media people and police officials and there Lillu

Ram told that ACP Rajbir Singh has been murdered.

46. The prosecution has further examined PW-34 Constable

Surender Kumar No.3544/Security, VIP Security, E. Block Security

Line, Delhi. This witness was member of escort party of ACP Rajbir

Singh(since deceased) on 24.3.2008. He has deposed that he has seen

accused present in court 8-10 times at the residence of ACP Rajbir Singh

in Sushant Lok, Gurgaon.

47. The

prosecution

has

further

examined

PW-35

ASI

Surender Pal No.1049/SB, South West Zone, Delhi. He was part of

escort of ACP Rajbir Since (since deceased). He has deposed that on

24.03.2008, he was on leave and he knows accused Vijay Bhardwaj

present in court

being friend of ACP Rajbir Singh. He has seen ACP

Rajbir Singh and Vijay Bhardwaj in company of each other usually at the

CBI Vs Vijay Bhardwaj

40

residence of ACP Rajbir Singh as well as as at other places including

office of accused.

48.

The prosecution has further examined PW-36 HC

Ramesh

Kumar

No.945/Gurgaon,

Crime

Branch,

Gurgaon.

This

witness is carrier of sealed parcel taken by him from MHC Davender

Singh, Constable Civil Lines Police Station Gurgaon to FSL, Madhuban.

49.

The

prosecution

has

further

examined

PW-37

Harbhajan Singh son of Shri Karam Singh, resident of House No.293,

Sector-14, Gurgaon, who has deposed that he was friend of Sanjay

Bhardwaj. Vijay Bhardwaj, Kapil Bhardwaj and Sanjay Bhardwaj are

brothers but he had no personal acquaintance with rest of two brothers.

Except this, this witness did not depose anything incriminating against the

accused. He was declared hostile and was cross-examined by learned

Special PP for the CBI.

50.

The prosecution has further examined PW-38 Satpal

Singh (retd.) SI son of Shri Chain Singh, resident of Jammu. This

witness has deposed that he being Sub Inspector in Special Cell remained

posted with ACP Rajbir Singh (since deceased). He had worked as

Orderly with ACP Rajbir Singh. This witness did not depose anything

incriminating against the accused. He was declared hostile by learned

Special PP for the CBI and was cross-examined by him.

51.

The prosecution has further examined PW-39 Pawan

Singh son of Shri Kishan Singh. This witness is employee of Idea

CBI Vs Vijay Bhardwaj

41

Cellular Ltd. A26/5, Mohan Cooperative, Industrial Area, New Delhi and

proved call details records as Ex.PW39/5 to Ex.PW39/7 of mobile phone

Nos. 981181899,9990050000 and 9891781059.

52. The prosecution has further examined PW-40 Sumit Kumar,

DSP HQ Rohtak. This witness has deposed that he was posted as

ACP,DLF, Gurgaon. On 24.3.2008, he received a phone call from mobile

phone of Shri Dharamvir correspondent Zee News at about 11.30 a.m.

(p.m.). Shri Dharamvir informed him that he had received a call from

someone disclosing that he had killed some police personnel and wanted

to give his interview before media and he was asked by Dharamvir to

reach near Petrol Pump Signature Tower, Gurgaon. Thereafter, he reached

at Petrol

Pump, Signature Tower, Gurgaon. Thereafter, he reached the

Petrol Pump Signature Tower Gurgaon and saw one person giving

interview to media person Dharamvir. He apprehended that fellow who

was giving interview and on inquiry, he disclosed his name as Vijay

Bhardwaj. He further told that he had killed Rajbir Bhai Sahib from Delhi

Police and later-on disclosed that he had killed ACP Rajbir Singh at his

office and dead body was lying in same office. He took him to the office

where police officers from City Police Station Gurgaon had already

reached and accused Vijay Bhardwaj was handed over by him to IO from

City Police Station, Gurgaon.

53.

The

prosecution

has

further

examined

PW-41

Subhash

Chander

Gurumaita

son

of

Dr.

B.P.Gurumaita,

Chief

Manager

CBI Vs Vijay Bhardwaj

42

FGMO Union Bank of India, Gole Market, New Delhi. This witness

was posted as Branch Manager in Union Bank of India, Jharsa Road,

Sector-31, Gurgaon. This witness has proved letter Ex.PW41/1 issued by

him to the IO of CBI. He has proved that vide aforesaid letter, he handed

over record Ex.PW41/2 (9 pages) which were statement of saving

account No.4744 under Banker's Book Evidence Act. He has also handed

over certified copy of account opening form Ex.PW41/3 (6 pages),

statement of account of aforesaid account Ex.PW41/4 (4 pages). He

deposed that this account was of accused and was regular. He also

deposed that from September, 2006, maximum number of cheques issued

by accused Vijay Bhardwaj to different payees were dishonoured and

amount of cheques was in crores. He has also deposed that accused Vijay

Bhardwaj was also maintaining current account in his bank.

54.

The prosecution has further examined PW-42 Sanjeev

Kumar Inspector CIA-IV, Gurgaon. In the year 2008, he was posted as

Inspector in Special Staff Sector 10, Gurgaon. He was part of the

investigating team of this case which was constituted by the Police

Commissioner, Gurgaon. He was given the task of taking on record the

call details record of mobile No. 9873919999 of deceased ACP Rajbir,

mobile

No.9811444999

of

accused

Vijay

Bhardwaj,

mobile

No.

9818325454 of Shri Pardeep Kumar ASI and mobile No.9891181899 of

Shri Lillu Ram PSO of ACP Rajbir and SMS pertaining to mobile number

of deceased

Rajbir

Singh ACP and

accused Vijay

Bhardwaj. After

CBI Vs Vijay Bhardwaj

43

collecting the call details record as well as SMS', he took into possession

the call details and the record of SMS' from Sheesh Pal vide seizure

memo already exhibited as Ex.PW20/1 and Ex.PW20/6 and the same

was given to SI Krishan Dev and both the seizure memos bear his

signatures. The aforesaid call details and the SMS were made over to him

by EHC Sheesh Pal 719 of the Special Staff who was deputed by him to

have the call details and SMS from the Cyber Cell.

His statement was

recorded during investigation by the CBI Officer.

55.

The prosecution has further examined PW-43 Gulshan

Arora son of Shri K.C.Arora, resident of 518-F, 21-D, Faridabad. This

witness has deposed that in the year 2008, he was working with Vodafone

company as a Nodal Officer.

He handed over call details of mobile No.

9811444999 in the name of Vishal Kumar, No.9873919999 of ACP Rajbir

Singh,

No.9811321030

in

the

name

of

one

shri

Jaswinder,

No.9899999900 of Atul Goel, No.9999998901 of ACP Rajbir Singh from

the period 1.1.2008 to 31.3.2008 to CBI Officer vide production-cum-

seizure memo Ex.PW43/1 which bears his signature on its all three pages.

The bunch of call details reports of mobile No.9811444999 issued in the

name of Vishal Kumar are contained in Ex.PW43/2 which runs into 166

pages which bears the stamp of the company as well as his signatures.

Similarly, the bunch of call details reports of mobile No. 9873919999 of

ACP Rajbir Singh are contained in Ex.PW43/3 which runs into 107 pages

which

bears

the

stamp

of

the

company

as

well

as

his

signatures.

CBI Vs Vijay Bhardwaj

44

Similarly, the bunch of call details reports of mobile No.9811321030 in

the name of one Shri Jaswinder are contained in Ex.PW43/4 which runs

into 64 pages which bears the stamp of the company as well as his

signatures.

Similarly,

the

bunch

of

call

details

reports

of

mobile

No.9899999900 of Atul Goel are contained in Ex.PW43/5 which runs

into 71 pages which bears the stamp of the company as well as his

signatures.

Similarly,

the

bunch

of

call

details

reports

of

mobile

No.9999998901 of ACP Rajbir Singh are contained in Ex.PW43/6 which

runs into 2 pages which bears the stamp of the company as well as his

signatures. He also handed over one bunch of Cell ID Chart of Vodafone

Essar Mobile Service containing 22 pages. It contained

the seal of the

company and his signatures on each page. The same is now Ex.PW43/7.

He

also

handed

over

one

customer

agreement

form

of

mobile

No.9873919999 in the name of ACP Rajbir Singh with carbon copy of the

said form and document of ID proof i.e. form No.60 duly signed by the

applicant, photo copy of identity card of ACP Rajbir Singh, photocopy of

driving licence of ACP Rajbir Singh and tariff enrolment form in the

name of ACP Rajbir Singh total pages 9 in numbers. The same are now

collectively exhibited as Ex.PW43/8. Similarly, he also handed over

photo copy of customer agreement form in the name of ACP Rajbir Singh

for mobile No.9999998901 including photo copy of ID proof documents

i.e. tariff plan and letter dated 13.12.2007 duly signed by Rajbir Singh

ACP and attested by Nodal Officer total pages 3 in numbers which are

CBI Vs Vijay Bhardwaj

45

now collectively exhibited as Ex.PW43/9. Similarly, he also handed over

one

application

form

in

the

name

of

Vishal

Kumar

without

bearing/affixing photograph of the applicant for mobile No.9811444999

including photo copy of form No.60 and tariff plan of the said mobile

number total 3 pages in number which is collectively exhibited as

Ex.PW43/10.

He had also handed over one photo copy of Hutch

Customer agreement form in the name of Atul Goel for the mobile

No.9899999900 including photo copy of form No.60, photo copy of

customer declaration for local address, photo copy of driving license of

Atul Goel and photo copy of postpaid tariff plan enrollment form of above

ssaid mobile number duly attested by him contained in 5 pages which is

collectively exhibited as Ex.PW43/11.

56. The prosecution has further examined PW-44 R.K.Singh,

Nodal Officer, Bharti Airtel Ltd. D-184, Okhla Phase-I, New Delhi.

This witness has deposed that he is working as Nodal Officer in the

above-said company since May, 1997. He handed over certified copies of

call details record of mobile No. 9818981809 of one Shri Jitender Kumar

and mobile No.9818325454 of Pardeep Kumar Dagar pertaining to the

period 1.1.2008 to 31.3.2008 vide production-cum-seizure memo dated

9.6.2008 Ex.PW44/1 which bears his signature. He also handed over cell

ID chart of the company, copies of subscriber forms and ID proof

documents through production-cum-seizure memo dated 9.6.2008 which

is now Ex.PW44/2 and bears his signature. The bunch of call details

CBI Vs Vijay Bhardwaj

46

records of mobile No.9818981809 issued in the name of Jitender Kumar

is Ex.PW44/3,which bears the stamp of the company as well as his

signatures on each page. Similarly, he also handed over the bunch of call

details records of mobile No. 9818325454 issued in the name of Pardeep

Kumar Dagar is Ex.PW44/4 and bears the stamp of the company as well

as his signatures. The Airtel prepaid enrollment form in respect of mobile

No.9818981809 of Jitender Kumar

with photo copy of ID proof is now

collectively exhibited as Ex.PW44/5. The Airtel prepaid enrollment form

in respect of mobile No.9818325454 of Pardeep Kumar Dagar with photo

copy of ID proofs is now collectively exhibited as Ex.PW44/6. The bunch

of cell ID chart running into 89 pages is now collectively exhibited as

Ex.PW44/7 and it bears his signature and seal of the company on each

page.

57.

The

prosecution

has

further

examined

PW-45

Pawan

Kumar Garg son of Late Shri M.L.Garg, resident of B-256, Suraj Mal

Vihar, Delhi. This witness has deposed that he was Chartered Accountant

by profession and was doing share trading business since 1996. Deceased

ACP Rajbir Singh was known to him since 2006. His office was at Lajpat

Nagar, Delhi on second floor on rent @ 40,000/- per month. The said

house was in the name of Shri Mam Chand Yadav, father of deceased ACP

Rajbir Singh. ACP Rajbir Singh wanted to invest money in the share

trading. He had invested money in the name of Ms. Rekha Sengar, his

father Mam Chand Yadav and his wife Narmada Yadav and in the name of

CBI Vs Vijay Bhardwaj

47

his company M/S Ever Spring Trading Company. On one occasion, ACP

Rajbir Singh called him in his office and on showing inability, he

threatened him with dire consequences but next morning felt sorry. The

witness was declared hostile and was cross-examined by learned Special

PP for the CBI.

58. The

prosecution

has

further

examined

PW-46

Neeraj

Thakur son of Late Shri S.R.Thakur, who has deposed that in the year

2008, he was working as Senior Special Correspondent in TV Channel

Zee News. He had joined the investigation of this case. He identified

memo Ex.PW46/1 dated 16.6.2008 which was prepared in front of him

and it bears his signature. Dharamvir Sharma, who was also working as

reporter in Zee News for Gurgaon and he was reporting to him. On the

day of incident, the exact date he do not remember, Dharamvir Sharma

had informed him about one interview he had taken and later-on, one CD

in original was seized from Dharamvir Sharma by CBI in his presence.

The other

CD said

to

be

the copy of the same was also seized

for

investigation purpose. The CD was also displayed in the office and

transcript Ex.PW46/2 was also prepared in his presence which bears his

signature.

59.

The prosecution has further examined PW-47 Ashok Pal son

of Shri Jagdish Pal, resident of House No.114, Gita Enclave, New

Delhi. This witness has deposed that he was working in Import/Export

company under the name and style of Ever Spring Trading Pvt. Ltd. from

CBI Vs Vijay Bhardwaj

48

March, 2006 to January, 2008.

The company was having its office at C-

42, Lajpat Nagar, New Delhi. The company was having two Directors

namely Vinod and Ms. Rekha Sengar. The said company was under

effective control of ACP Rajbir Singh. Vinod was friend of ACP Rajbir

Singh and Ms. Rekha was his second wife. Vinod left the company in the

year 2007 and he was removed by ACP Rajbir Singh (since deceased) and

thereafter,

the

company

almost

stopped.

He

knows

accused

Vijay

Bhardwaj. Accused Vijay Bhardwaj used to visit office of ACP Rajbir

Singh situated at C-45, Lajpat Nagar, New Delhi. They used to meet at

second floor. In his presence also, accused Vijay Bhardwaj visited in his

office and in the absence of ACP Rajbir Singh. On both the occasions,

accused Vijay Bhardwaj handed over cash to him amounting to 30.00

lacs approx. and same was handed over to him by ACP Rajbir Singh. This

witness was declared hostile.

60. The prosecution has further examined PW-48 Ravi Sharma

son of Late Shri Banwari Lal Sharma. This witness is brother-in-law of

accused Vijay Bhardwaj. He has deposed that Krishana was servant of

Vijay Bhardwaj. He was declared hostile and was cross-examined by

learned PP for the CBI.

61. The prosecution has further examined PW-49 Vinod Kumar

son of Shri Chander Singh resident of Hari Nagar, New Delhi. This

witness has deposed that he was partner in company of ACP Rajbir Singh.

Deceased Rajbir Singh invested money in the business and asked him to

CBI Vs Vijay Bhardwaj

49

make his father as partner. One Om Parkash was partner in the firm. He

had resigned from the firm in the year 2007. This witness was declared

hostile and was cross-examined by learned Special PP for the CBI.

62. The prosecution has further examined PW-50 Jagpal Yadav

@ Jaggu son of Jit Ram Yadav resident of Sikandarpur Ghoshi PS

DLF Gurgaon. This witness has deposed that he knew accused present in

the court. They had money transactions. Due to the incident, accused

could not pay him back 6.00 lacs. Earlier repeatedly he had visited the

office of accused for demanding money and also used to call him for

return of amount. On 24.3.2008, he had made a call to the accused at

about 9.00/9.10 p.m. but the accused did not pick them.

63. The prosecution has further examined PW-51 Dharambir

Sharma son of Shri Chetan Dev Sharma, resident of House No.A-12,

Sanjay Gram, Old Delhi Road, Gurgaon. This witness has deposed that

he was Reporter in Zee News since August,2005.

In the year 2008, he

was correspondent covering the area of Gurgaon, South Haryana and IGI

Airport. He has one brother namely Krishan Kumar, who is elder to him

and deals in building material. His brother's office was situated in Pyare

Lal

Building,

Mahrauli

Road,

Gurgaon.

On

24.3.2008,

at

about

11.00/11.30 p.m. when he was in the area of AIIMS Flyover in Delhi, he

received a call on his mobile telephone No.9873692600 from mobile

phone No.9811444999. The caller told that murder had taken place in

Gurgaon and asked him if he would like to cover the news. Calls were

CBI Vs Vijay Bhardwaj

50

made three times by the same person from same mobile number. On third

occasion, the caller told that murder of police personnel had taken place.

He has asked the caller to surrender in front of media and wants to tell

something. He asked him to meet him at Signature Tower at Gurgaon.

Thereafter, he contacted his office situated at Noida and as per advise of

rest officers, reported the matter to the police and thereafter, he contacted

Shri Sumit Kumar, ACP DLF Gurgaon and requested him to reach

Signature Tower within the area of South City Chowk. Thereafter, he

called other press colleagues namely Sanjay Tyagi of UNI and Raj Verma

of Aaj Tak and inquired from them if some murder had taken place in

Gurgaon and they stated that they had no such information. Thereafter, no

conversation took place between him and accused Vijay Bhardwaj on

telephone. Accused informed him about his location and he told that he is

about to reach at South City Chowk. Accused told that if he want, then he

could meet him at border. He refused and conveyed that he will meet only

at South City Chowk. Thereafter, he reached South City chowk alongwith

Manoj, Cameraman. On asking, accused Vijay Bhardwaj informed that he

was coming all alone in 'Verna' car. On further asking, accused told that

the murder had taken place by firing. He asked the accused to come out

from car and would reach at Petrol Pump where there were sufficient

lights. He had no other talk with him at that time and he had not disclosed

anything else to him. Thereafter, he again made a call to ACP Sumit and

thereafter reached Petrol Pump by overtaking the car of Vijay Bhardwaj.

CBI Vs Vijay Bhardwaj

51

He had asked his Cameraman to switch on the camera and further directed

him to keep on the camera running no matter what happened. When

accused Vijay Bhardwaj reached and came out of the car, he started taking

his interview, recorded in CD. When he had asked Vijay Bhardwaj what

has happened and how it happened, accused asked him to take him to

police station first. At his instance, the accused narrated the entire episode

to him first in following manner:-

ACP Rajbir Bhai Sahab Hain ACP Delhi Police Main Aur

Mera Aur Usaka Paise Ka Lena Dena Tha”. He further told

that “Kaphi Paise Ka Lain Den Tha. Mujhe Unki Aaj

Payment Deni Thi, Kaphi Pressure Tha Aur Paise Ikhathe

Ho Nahin Rahe The, Wo Bole Main Tere Ko Mar Dunga Aur

Tere Ghar Walon Ko Bhi Kar Dunga”.

He has also deposed that accused Vijay Bhardwaj told him that

there was money dealing of 50-60 lacs. While the interview was

continuing,

ACP

Sumit

came

there

and

took

away

accused

Vijay

Bhardwaj. He had taken him away in Wagon-R in front of the camera

itself. On asking, the senior told that ACP Rajbir Singh encounter

specialist. This fact was also confimred by ACP Sumit.

Thereafter, the team went to the office of Vijay Bhardwaj and

found police already present there. There was no light inside the office.

With use of light of Camera, he denied that dead body of well built person

was lying inside office of Vijay Bhardwaj. He had noticed that it was dead

CBI Vs Vijay Bhardwaj

52

body of same description as told by his seniors. In the mean-while, Mr.

Mohinder Lal arrived and confirmed through interview that it was dead

body of ACP Rajbir Singh. Thereafter, he informed his Head office that

news

about

of

murder

of

ACP

Rajbir

Singh

was

confirmed

by

Commissioner of Police, Gurgaon and they can telecast the news item.

The OB van had also arrived at the spot. He sent the interview recorded

by him of accused Vijay Bhardwaj and Commissioner of Police through

OB Van to his office for the purpose of telecast. Interview was video

recorded by camera man. Thereafter, that tape was inserted in the OB Van

and through satelite diverted to their office and it was being directly

telecast from OB Van. OB Van means out station Broad Casting Van. He

had not given any CD to Gurgaon police.

CBI had contacted him in

respect of this case. He was joined in the investigation by CBI. Recording

dated 24.3.2008 on a CD was given to CBI which is Ex.PW46/1 which

bears his signature. CD was displayed by CBI official and its transcript

was prepared as Ex.PW46/2 which also bears his signature. The witness

identified CD as Ex.PW51/A

after the same was taken out from sealed

parcel. His telephone number was provided by his brother

Ashok

Bhardwaj and from there to Vijay Bhardwaj accused. However,

this

witness was declared hostile and was cross-examined by Special PP for

the CBI. This witness has deposed that CD in court is original CD.

64. The

prosecution

has

further

examined

PW-52

Manoj

Shikarwar, Assistant Commandant, TPT BN, ITBP, Chandigarh. This

CBI Vs Vijay Bhardwaj

53

witness has deposed that in the year 2008, he was posted as Junior Works

Manager, Civil Trade, Small Arms Factory, Kanpur. He has

seen

Ex.PW17/11. In this case, a request was received vide letter No.917/W

dated 26.3.2008 from the office of Deputy Commissioner of Police,

Gurgaon for examination of one revolver. The revolver was received in

sealed condition. The said revolver was examined by him. The revolver

is the same which he had examined and after examination submitted

report Ex.PW17/11 in this regard. While examining the revolver they

opened the butt of the revolver and it was found to contain a number

bearing 1107 which is body number. As per the inquiry the detail sought

was for revolver no.E-8256 and on checking the record it was opined that

it belonged to one Davender Singh son of Dharam Singh of village

Majrai,

police

office

Gubhana,

Tehsil

Bahadurgarh,

District

Jhajjar,

Haryana, but the original number on the said revolver i.e P71 was missing

from the place where the original number is engraved on the revolver and

it appeared to have been tampered. After opening the butt and coming to

the know the body number i.e 1107, the record was checked and the

revolver number was found to be A-1031 as per their

record. The

revolver No.A-1031 is amongst 100 revolvers issued to Commandant 2nd