A.No.718/2000 Page 3 of 49 persons including Ishwar Chand/accused No. 1/respondent No.1 herein (three other accused having since been expired) was to the effect that on 09.08.1989 at H. No.L-101, Gali No. 7 Kartar Nagar within the jurisdiction of PS Bhajanpura all of them along with Mahender (expired on 11.01.1995) and Shakeel (also dead) had in furtherance of their common intention wrongly confined Smt. Ram Kumari Sharma, PW-2 wife of Sh.Narender Kumar Sharma PW-1 in a room for the purpose of extorting her ornaments and some documents and for making her sign and execute documents and had also in furtherance of the said common intention kidnapped and obstructed Smt. Ram Kumari Sharma secretly and wrongly confined her at Pran Garh, U.P. and had criminally intimidated and threatened to kill her and had also beaten her and thereby put her in fear of death or grievous hurt, extorted and snatched the registered deed, title deed and her ornaments and thereby committed offences punishable under Section 347/365/506/323 and 368 read with Section 34 IPC to which all the said accused pleaded not guilty and claimed trial.Furthermore, it is stated that Ishwar Chand/accused No.1/respondent No.1 herein and the co-accused respondent No. 2 (since expired) were also charged to the effect that on 09.08.1989 at house No L-101, Gali No. 6 Kartar Nagar they used a rifle and katta i.e. deadly weapons whilst committing robbery and they were both charged for the commission of the offence punishable under Section 397 IPC to which they both pleaded not guilty and claimed trial.A.No.718/2000 Page 3 of 49In support of the prosecution version, the State put forth in the witness box 17 witnesses of whom PW-10 SI Gauri Shankar and PW-14 Dr. S.B.Aggarwal were given up as being unnecessary by the State on 06.03.1999 and 20.04.1999 respectively.Ishwar Chand/accused No.1/respondent No.1 herein (the only surviving accused to the present appeal) through his statement under Section 313 Cr.P.C.A.No.718/2000 Page 4 of 49denied the incriminating evidence led against him and claimed that he had paid a sum of Rs.83,000/- to Narender Kumar Sharma i.e. complainant PW-1 his Sadu (i.e. his wifes sisters husband) which the respondent No. 1 had paid to Sh.Narender Kumar Sharma towards the sale consideration of a plot which was adjacent to the house of the complainant and that an amount of Rs.22,000/- remained due which was to be paid at a later stage.It was also claimed by the respondent No. 1 that he had not got the documents executed but had taken possession of the said plot and had started living there with his family members and that he had asked the complainant Narender Kumar Sharma to get the documents executed but that Narender Kumar Sharma had been putting off the same on the pretext that the owner of the property was an old lady residing at Shahpura.The respondent No. 1 further claimed that one day when he met the son of the owner and asked for the execution of the sale deed, he, the respondent No. 1 learnt that Narender Kumar had got the documents of that plot executed in his own favour.Respondent No. 1 thus submitted that this was the bone of contention between him and Narender Kumar Sharma i.e. the complainant and that he, the respondent No. 1 thus met the father of the Narender Kumar and asked him to get the documents executed, but, the father of Narender Kumar Sharma told respondent No. 1 that Narender Kumar Sharma was a fraud.Respondent No. 1 thus stated that he had been cheated and that the father of Narender Kumar Sharma could also not help him and that he, Narender Kumar Sharma then asked him to return the money or to get the documents executed, as a consequence of which he the respondent falsely implicated him in this case in connivance with the police.Ishwar Chand/accused No.1/respondent No.1 herein claimed innocence and further stated that his goods were also grabbed by Narender Kumar Sharma.Seven witnesses in defence to assert the plea of innocence of the accused were put forth.A.No.718/2000 Page 5 of 49PW-5/A which is copy of DD No. 28A dated 09.08.1989, PP Gamri indicates that ASI Om Prakash had given a telephonic information at 12:35 a.m. that a person known to him i.e. Narender Kumar Sharma R/o L-101, Gali No. 6, Shivaji Marg Kartar Nagar, Delhi and his wife Smt. Ram Kumari Sharma had been taken to U.P. and had been assaulted by Ishwar Chand/accused No. 1/respondent No.1 herein and 2-3 men who had also taken away their articles and that the police be sent.PW-5/A i.e. DD No. 28A further indicates that the inquiry on the basis of this information was entrusted to ASI Chhote Lal who along with Ct.Virender Kumar went to the spot.PW- 1/A which forms the basis of the registration of FIR No. 331/89, PS Bhajanpura under Section 347/365/368/506/34 IPC indicates that ASI Chhote Lal along with Ct.Virender Singh No. 1307, North East had reached H.No.L-101,No.6, Kartar Nagar, Delhi on receipt of Ex.PW-5/A i.e. DD No. 28A PP Gamri Extn., where they met Sh.Narender Kumar Sharma, the complainant who gave his statement.As per the said statement which forms the complaint, Sh.Narender Kumar Sharma stated that on 09.08.1989 at about 8:00 a.m. he was present at his house when his brother-in-law who was also his Sadu, his sister-in-laws husband and who was also his paternal aunts son (buas son) Sh.Ishwar Chand s/o Shyam Dev, respondent No. 1 herein, native of Bulandshahr who was then residing in the house of the complainant at Kartar Nagar had come to his house along with a fair complexioned normal built 20 year old boy and after some time, the wife of Ishwar Chand i.e Smt. Shashi Bala who was his sister-in-law (saali) i.e. sister of the wife of Narender Kumar Sharma) also came and that the respondent No. 1 told him that he had to take Rs.15-20,000/- from a lady at Sikendarabad and that he, Narender Kumar Sharma and his wife Smt. Ram Crl.A.No.718/2000 Page 6 of 49 Kumari Sharma should accompany them and make an excuse that they needed money urgently for their maternal uncles daughters marriage.As a consequence thereof, as per the FIR, Sh.The said vehicle was driven by a driver and that when they reached Ghaziabad, a man standing on the road aged 27-28 years was made to sit in the vehicle by Ishwar Chand and after some time they made the vehicle stop at Sikendarabad.Thereafter Ishwar Chand/accused No. 1/respondent No.1 left the complainant and his wife and Shashi Bala in the vehicle saying that he was first going to meet that lady alone to get his money and after some time Ishwar Chand/accused No. 1/respondent No.1 herein came back and informed them that the lady had gone to Pran Garh and thus they were all to go there and then all went in that vehicle to Pran Garh in the same Maruti van.There, as per the FIR at the house of Ishwar Chand/accused No. 1/respondent No.1 herein there were two persons present, as it was very hot inside the house, all of them left the complainants wife seated in that house and (came out of the house and sat in a room amongst the trees) and in sometime, respondent No. 1 along with five men came to the spot and threatened Narender Kumar Sharma and tied his hands and made him lie down on a cot and made everyone leave the room and took a katta and a rifle in their hands and started beating him and threatening him with dire consequences and assaulted him, and asked him where the registered documents and ornaments were kept.As per Ex.PW-1/A, the complainant stated that out of fear, he informed Ishwar Chand as to where his money and ornaments were placed in an almirah in his room and after about 11:00 a.m., Ishwar Chand/accused No. 1/respondent No.1 herein left the Crl.A.No.718/2000 Page 7 of 49 complainant under the supervision of two men and two men were deputed outside the room and at about 4:00 p.m. Ishwar Chand/accused No.1/respondent No.1 herein came back and threatened the complainant and took his signatures and thumb impression on some documents and also snatched Rs.4000/- and his identity card from his pocket and also took away the watch and ring that he was wearing and left him i.e. the complainant in a tied condition.A.No.718/2000 Page 6 of 49A.No.718/2000 Page 7 of 49As per Ex.PW-1/A after sometime on hearing his noise 2-3 ladies came and untied him and in the meantime his wife also came on hearing his voice, and she informed that Ishwar Chand/accused No.1/respondent No.1 herein and his men had also snatched her chain and bangles and had taken her signatures and thumb impression on several papers.The complainant as per Ex.PW-1/A further stated that Ishwar Chand and his men had threatened him that if he lodged a complaint with the police he would be killed.As per Ex.PW-1/A the complainant took a lift from the villagers and on a scooter and Vicky, and he and his wife reached Sikanderabad from where they took a bus and came home.As per Ex.PW-1/A, Smt. Shashi Bala, the sister-in-law (saali) of the complainant i.e. the sister of the wife of the complainant who had been left behind by the complainant and his wife to take care of the children informed that Ishwar Chand/accused No. 1/respondent No.1 herein had come with a man to the house of the complainant and had taken away a VCP and a gold tika and documents of the registration of the house of the complainant.As per Ex.PW- 1/A, the complainant thus alleged that Ishwar Chand/accused No.1/respondent No.1 herein had cheated him and deceptively taken him and his wife to Sikendarabad and Pran Garh and had forcibly extorted the taking of his signature and taken away his gold articles and his VCP in relation to which a complaint was also made at Pran Garh, U.P. and that the accused Ishwar Chand/accused No. 1/respondent No.1 herein had thus taken him and his wife to Crl.A.No.718/2000 Page 8 of 49 Pran Garh in a Maruti van No. DID 2580 or DID 2850 and had assaulted him.As per Ex.PW-1/A it was stated by the appellant that he could identify Ishwar Chand/accused No.1/respondent No.1 herein and his associates.A.No.718/2000 Page 8 of 49On the basis of Ex.PW-1/A and the endorsement thereon, i.e. Ex.PW- 9/A, DD No. 16A dated 10.08.1989 and FIR No. 331/89, PS Bhajanpura are indicated to have been registered at 2:35 a.m. on 10.08.1989 with the copy of the said FIR being on the record as Ex.PW-3/A. Subsequently, vide Ex.PW- 1/D the complainant Narender Kumar Sharma vide a written complaint dated 02.09.1989 addressed to the SHO, PS Bhajanpura informed that at the time of making his complaint on 10.08.1989 on the basis of which FIR No. 331/89 was registered, he knew only the name of Ishwar Chand/accused No.1/respondent No.1 herein and was not aware of the names of other accused persons about whom he had stated he could recognize on seeing them, and that at the time of submission of his complaint Ex.PW-1/D dated 02.09.1989 he had learnt from his close sources the names of these associates of Ishwar Chand, Ravinder Kumar Tewatia S/o Khacheru Tewatia, Shakeel Ahmad @ Shakeel, Mahender Singh S/o Chadru, Birender S/o Rajpal r/o Village Pran Garh PS Sikendarabad, Distt.Bulandshahr and that these were the persons who had tied his legs and hands and had assaulted them and had kept a watch on him and his wife and that he sought action against these persons as well.As per the charge sheet the accused persons were arrested during the course of investigation but the accused Shakeel Ahmad @ Shakeel expired on 03.12.1990 at the JPN hospital, due to an accident.The charge sheet further indicates that Smt. Shashi Bala wife of Ishwar Chand along with Neeraj Kumar S/o Vikram Singh were arrayed in column No. 2 as accused persons and were not sent up for trial.(Significantly Sh.Neeraj Kumar S/o Vikaram Singh was examined as a defence witness DW-6 by the accused).The charge sheet Crl.PW-1/A also stated that after he had been left bolted inside the room of his house by Ishwar Chand/accused No.1/respondent No.1 herein at Pran Garh, he and his companions who had taken his signatures on some stamp papers, most of which were blank i.e. 25 in number and in the denomination of Rs.50/-, Rs.10/-, Rs.20/-, Rs.5/- and Rs.2/- and some were plain judicial papers and some of which had revenue stamp affixed on them, his hands had been untied but his feet had been kept tied and he was also threatened that he would be killed in case he does not sign those papers and his thumb impression on some of them had been taken and thereafter they left bolting him inside the room.He further stated that he cried and that his wife along with some ladies came there and opened the door and thus his wife took him to the house of the Sarpanch as he was bleeding from his nose and had injuries on his feet and thereafter they narrated the incident to the Sarpanch.It was also stated by PW-1 that his wife Smt. Ram Kumari Sharma told him that she had also been beaten and her gold ring and chain had been snatched and that her modesty has been outraged by all the five persons i.e. Ravinder, Devender, Shakeel, Mahender and Ishwar Chand/accused No.1/respondent No.1 herein and that he had also been threatened by them that their children would be killed.He, PW-1 further stated in his testimony that the Sarpanch got them dropped at Sikendarabad bus stand by Vicky and Scooter and when they boarded the bus, he PW-1 told the driver about the incident and that he had no money to Crl.A.No.718/2000 Page 10 of 49 purchase the ticket and the driver allowed them to travel without a ticket and left them at Delhi.A.No.718/2000 Page 10 of 49PW-1 further stated when they reached their home they found that Ishwar Chands wife was present in the house along with the children and she told them that Ishwar Chand had come along with two persons and had taken away from the safe, one gold tika, a VCP, sale deed of the house, one LIC certificate, ration card and his educational certificate and that their children were safe and they reported the matter to the police.He further stated that he and his wife were medically examined at the GTB hospital and after some time their relatives came from the village and told the name of the persons, who accompanied Ishwar Chand/accused No.1/respondent No.1 herein and after 5-6 days the police took them to Sikendarabad at the GT Road where they saw the vehicle No. DID 2850 standing there at some distance from there and the accused Ravinder (since deceased) was standing and they informed the police about it and the police arrested Ravinder and took the van into possession vide a seizure memo Ex. PW-1/B, which bore his signatures.PW-1 further stated that the police interrogated the accused Ravinder and recorded his disclosure statement and after 10-12 days, the police arrested the Ishwar Chand/accused No. 1/respondent No.1 herein and then he was called by the police and he identified Ishwar Chand/accused No.1/respondent No.1 herein and got recovered ornaments from his brothers house and told that the VCP had been given to Shakeel.This witness further stated that the VCP was not recovered but Ishwar Chand/accused No.1/respondent No.1 herein got recovered the gold chain, ring, identity card and ration card of the complainant and that Ishwar Singh also disclosed that the sale deed and rifle had been kept by him at Chithera but they were not recovered.Inter alia, this witness identified the gold ring, gold chain, identity card and ration card and identity card Ex.P1, P2 and P3 and stated that Crl.A.No.718/2000 Page 11 of 49 the gold chain and gold ring belonged to his wife and that the identity card belonged to him.PW-1/A, he had stated that due to the summer season his wife sat inside and due to the heat, they all came out and sat down between the trees.He also stated that he had not stated in his statement Ex.A.No.718/2000 Page 12 of 49Significantly, this witness in his cross-examination stated that he had not told the police that the modesty of his wife has been outraged and had stated that his wife did not disclose to the Sarpanch regarding outraging of her modesty and even did not inform him when they were going back to Delhi from Pran Garh nor did she tell him about the same when they reached the house nor did she inform him when they were going to police, nor did she tell about the same in the police station, and rather stated that his wife informed about the same on 11.08.89 for the first time at about 5:30 p.m. about her modesty being outraged and he further stated that he had enquired from his wife whether in her statement she had told the police on 09.08.1989 of her modesty being outraged but she had stated that she had not so told to the police.The witness further stated that he had told the police on 11.08.1989 itself when his wife had told him about the outraging of her modesty, though he admitted that in his complaint dated 02.09.1989 i.e Ex. PW-1/D given by him to the SHO he had not disclosed about the modesty of his wife being outraged.He admitted that in Ex.PW- 1/A and in all other subsequent statements, he made no mention about the outraging of the modesty of his wife by the culprits.He, PW-1 further stated that he had told the police that the wife of Ishwar Chand on his return had told him that accused Ishwar Chand/accused No. 1/respondent No.1 herein had come along with a companion and not two persons and that he PW-1 had mentioned that the LIC certificate, ration card and educational certificate were also stated to have been taken away by the accused Ishwar Chand/accused No. 1/respondent No.1 herein as told by his wife and was thus confronted with Ex.PW-1/A where there was no mention about Crl.A.No.718/2000 Page 13 of 49 the said documents.He further stated that he did not know about the financial dealing of Ishwar Chand/accused No.1/respondent No.1 herein and that he did not ask the name or the address of the lady from whom Ishwar Chand/accused No.1/respondent No.1 herein was to get money before proceeding from Delhi nor did he enquire about this dealing nor was this lady known to him.He further stated that at that time, as he, PW-1 was ready to go to hospital and, therefore, (the witness having already stated in his complaint also testified that he was working as a dental hygienist in the police hospital since 1988) he went with Ishwar Chand/accused No.1/respondent No.1 herein without asking any question and that he did not ask Ishwar Chand/accused No.1/respondent No.1 herein to take his wife along with them though Ishwar Chand/accused No.1/respondent No.1 herein proposed that Narender Kumar Sharma should take his wife along with them.A.No.718/2000 Page 13 of 49This witness further stated during cross-examination that he had visited the house of Ishwar Chand/accused No. 1/respondent No.1 herein at Pran Garh once earlier.PW-1 further stated that he raised an alarm when he was being tied at the house of Pran Garh but no one had come to his rescue and that he was raising an alarm when he was being beaten and that he was wearing a safari of a white colour and his clothes had become blood stained because of the injuries and that he had gone in the same clothes to PP Gamri where his report was lodged.This witness has further stated that none of the police officials demanded his blood stained clothes nor did he hand them over to the police.This witness has further stated during cross-examination that he had raised an alarm for about half an hour and that the door had been opened.Significantly, Crl.This witness testified that the Ishwar Chand/accused No. 1/respondent No.1 herein had taken her and her husband to Sikendarabad for taking Rs. 20,000/- from a lady and from Sikendarabad as the lady was stated to be not there at Sikendarabad to Pran Garh.This witness stated that when they reached Pran Garh and reached the house of Ishwar Chand, he Ishwar Chand/accused No. 1/respondent No.1 herein asked her and her husband to sit in a room together and he asked her husband to accompany him outside the house as he wanted to introduce some of his friends to doctor sahib and thus her husband accompanied Ishwar Chand/accused No. 1/respondent No.1 herein and she remained sitting alone in the house.She further stated that 2-3 ladies were also talking just adjacent to the room where she was sitting and in the meantime at about 11-11:30 a.m. she heard the shrieks of her husband "Neetu Bachao Maar Liya" and after hearing the shrieks she came outside the room and asked for help.She, PW-2 stated that there were 20-25 papers in number including stamp papers of denomination of Rs.2 to Rs.100/- and some of them were written and revenue stamps were also affixed on them.She further stated that the chain and the ring worn by her were also snatched and from there they went to her husband to get the signatures and thereafter they went away after closing the room of her husband and after they went, she came out and heard the cry of her husband and with the help of 2-3 ladies she rescued him.She further stated that thereafter Crl.A.No.718/2000 Page 17 of 49 been removed from her house and that her children had been brought, which aspect also did not form part of Ex.PW-2/DA.She testified further during cross-examination that she had told the police in Ex.PW-2/DA, that they had narrated the incident to the Sarpanch which aspect was also not so recorded and rather it was mentioned that with the help of other persons after arranging the scooter and Vicky they then came to Sikendarabad and the assistance of the Sarpanch was not detailed in Ex.PW-2/DA.24. PW-2 Smt. Ram Kumari Sharma in her cross-examination admitted that there was a post office being run in one of the rooms of that house which was closed on that day and stated that post office was run next to the room where she was confined and that Madhu Sudan was the Post master of that post office.She also stated that Madhu Sudan, Jatan Saroop, Radhey Shyam, Brahmanand and Dev Dutt were brothers of accused the Ishwar Chand/accused No. 1/respondent No.1 herein.She further stated during cross-examination that Ishwar Chand/accused No. 1/respondent No.1 herein, is the husband of her younger sister and that the marriage of Ishwar Chand/accused No. 1/respondent No.1 herein and her sister had taken place 6-7 years prior to the incident and both of them had been living in their house which was near the house at Kartar Nagar being relatives without rent.This witness has also stated that her statement was also recorded by the Crime Branch 2/3 days after the incident and that she had told the Crime Branch official in her statement that all the five persons did with her what a man would do after closing a woman in a room and that Crl.A.No.718/2000 Page 18 of 49 they were five in number and was thus confronted with ExPW-2/DA wherein it was not so recorded.PW-2 further stated that those persons misbehaved with her after closing the door from outside and that she could not resist as they were five persons.She further stated that she was medically examined the next day and stated that she did not tell the doctor regarding the 'galat kaam' and rather stated that she told the next day about the same to her husband and that she was not medically examined thereafter.Inter alia, this witness in her statement denied the fact that she had fabricated the version of galat kaam' just to gain sympathy.A.No.718/2000 Page 18 of 4925. PW-9 examined by the State was Sh.Om Prakash who testified to the effect that on 09.08.1989 he was posted at the PCR as an ASI and at about 12/12:30 midnight he was coming to Kartar Nagar from Maujpur and he met Narender Kumar Sharma and his wife i.e. PW-1 and PW-2 respectively and they were in a bad state of affairs and had injuries on their person and he heard their complaint and lodged a report at PP Gamri.On being cross-examined, this witness admitted that Narender Kumar Sharma was a dentist at the Old Police Line Hospital and he had come in contact within him there and on that day he was not aware of the residential house of Narender Kumar Sharma.He stated that he made no statement to the police but denied that that he did not meet him at Kartar Nagar and denied that he had lodged no police report at PP Gamri.26. PW-8 examined by the State was ASI Chhote Lal who stated that on 09.08.1989 he was posted at PP Gamri and on that day DD No. 28A, copy of which Ex.PW-3/A was assigned to him for action and he along with Ct.Narender Kumar reached the spot at Kartar Nagar where he met Narender Kumar Sharma whose statement Ex.PW-1/A was recorded by PW-8 on which he made the endorsement as Ex. PW-9/A which was sent through Ct. Varender for registration of the FIR.This witness in his cross-examination stated that Crl.A.No.718/2000 Page 19 of 49 Ex.PW-1/A and Ex.PW-2/DA were correctly recorded by him.He further stated that the investigation was conducted by him but that he had not interrogated the neighbours.PW-8, however, denied that he had testified falsely.A.No.718/2000 Page 19 of 49S.K.Sarvaria, the then Additional District and Sessions Judge who testified to having prepared the report of the test identification proceedings of the case property conducted on 28.02.1990 (Ex.PW-12/B).PW-6 examined by the State was SI Prem Singh who testified to the effect that the investigation of the case was handed over to him by the Inspector of the Crime Branch and he had prepared the site plan Ex.PW-6/A on 24.12.1989 i.e. at Pran Garh.PW-15 examined by the State was SI Jagdish Prasad who testified to the effect that investigation of the case had been assigned to him on 12.08.1989 and that the complainant was joined in the investigation on 15.08.1989 and testified inter alia to the arrest of the accused Ishwar Chand/accused No. 1/respondent No.1 herein on 22.08.1989 from his house located at Vishwas Nagar, Shahdara and testified to the arrest and disclosure statement made by Ishwar Chand/accused No. 1/respondent No.1 herein and testified to the recovery of the chain, ring, identity card along with driving licence at the behest of the accused.He further testified to the seizure of the receipts of the ornaments vide memo Ex.WITNESSES OF RECOVERY30. PW-1, the complainant Sh.Narender Kumar Sharma in his examination- in-chief testified to the recovery of ornaments of the complainant at the house of Crl.A.No.718/2000 Page 20 of 49 the brother of accused Ishwar Chand/accused No. 1/respondent No.1 herein at Satta Mohalla, Bulandshahr i.e. the recovery of the gold chain, gold ring, identity card and ration card i.e. Ex.P1 to P3 respectively.A.No.718/2000 Page 20 of 49PW-16 HC Ompal Singh also testified to the recovery of the ring, chain, driving licence, identity card on 23.08.1989 when the accused Ishwar Chand/accused No. 1/respondent No.1 herein was in the lock up at Gokulpuri and had thereafter been interrogated by the IO whereafter the accused had led the police on 24.08.1989 to the house of Madhu Sudan and on checking it was found to contain a ring, driving licence, identity card and another driving licence which was sealed and put in a cloth parcel and sealed with the seal of JPS.The witness also testified to the preparation of the seizure memo of Maruti van No. DID 2850 Ex. PW-1/B seized on 15.08.1989 signed by him.32. PW-15, examined, SI Sh.Jagdish Prasad of the Special Branch testified to the effect that the investigation of this case was entrusted to him on 12.08.1989 and that the complainant was joined in the investigation on 15.08.1989 and that Ishwar Chand/accused No. 1/respondent No.1 herein was arrested from a house located at Vishwas Nagar, Shahdara and on his personal search being conducted vide Ex.PW-1/C whereafter the accused made a disclosure Ex.PW-15/A, the Ishwar Chand/accused No. 1/respondent No.1 herein had taken the police party to Mohalla Satta Bulandshahr and had got recovered a chain, ring, identity card and driving licence and regarding the ownership of ornaments two receipts Ex.P1 and P2 were filed.During cross- examination this witness had stated that he met the residents of the Village Pran Garh there, but they expressed their ignorance about the same and that he had not seen any post office in the house at Pran Garh .He further stated that the receipts Ex.PW-11/A and Ex.PW11/B were issued in the name of the daughter of Gauri Shankar and that he did not meet Gauri Shankar since Crl.The nature of injuries sustained by Narender Kumar Sharma were also opined to be simple caused by a blunt object, as opined on 16.09.1989 with the nature of injuries being contusion with tenderness and of horse shoe shaped 4 cm above the umbilical level and 3 cm to the mid umbilical line swelling on the nose and upper lip and left side of the neck and small blister on the wrist and right arm and contusion on the right arm and deep abrasion and multiple blisters on the left radial aspect.Both Crl.A.No.718/2000 Page 22 of 49 Smt. Ram Kumari Sharma and Sh.Narender Kumar Sharma at the time of examination on 10.08.1989 were found to be alert and conscious and Narender Kumar Sharma was also opined to be fit for statement.The said MLCs of Sh.Narender Kumar Sharma Ex.PW-13/A and that of Smt. Ram Kumari Sharma Ex. PW-17/A were proved through the testimonies of Dr.B.Narayan, CMO GTB hospital and PW-17 Dr. R.K.B.Choudhary, CMO GTB hospital respectively.He stated that the complainant Narender Kumar Sharma was the real son of his real maternal uncle and was also the brother-in-law Sadu of the accused Ishwar Chand/accused No. 1/respondent No.1 herein.He further stated that he was working as a Post Master in the post office being run from his house situated at Pran Garh, Distt.Bulandshahr which is open from 10:00 a.m. and closed at 5:00 p.m. He further stated that on 09.08.1989 (i.e. the date of incident) the said post office was open and he was present in the post office on that day from 10:00 a.m. to 5:00 p.m. and stated that the postmen Rohtash Kumar and Satish Chand were also present in that office.He further stated that on that day he had not noted Narender and his wife coming and going out from that house.He further stated that the adjoining room was also in the possession of the post office and stated that he had not heard any commotion on that day.He further stated that he resided in the said house where the said post office is located.He further stated that his father was the owner of the said premises and after his death he becomes the owner of the said premises.He also stated that the permission of his father had been taken for opening the post office in the said premises and a sum of Rs.200/- is paid as rent by the Government.He further stated that he was issuing rent receipts and he could produce the same.He further stated that there were four villages in the postal circle and about 150 postal articles are received in the post office daily and there are two post men in the post office and that there is a record in the form of attendance and he could produce the same in relation to the date of incident.He further categorically denied that Ishwar Chand/ the accused No. 1/respondent No.1 herein, Ravinder Kumar, Davender, Mahender and Shakil had wrongly confined Smt. Ram Kumari Sharma wife of Narender Kumar Sharma in the house at the Village Pran Garh and denied that he had extorted ornaments at the point of a country- made pistol and also denied that Smt. Ram Kumari Sharma was beaten by them.He denied that Narender Kumar Sharma PW-2 was also beaten by them and denied that he had testified falsely in order to save his brother, Ishwar Chand/the accused No. 1/respondent No.1 herein.This witness testified to the effect that he was residing in the said house which was to be purchased by him and that he DW-2 came from his native village and then he came to know that Ishwar Chand/accused No. 1/respondent No.1 herein and others had been arrested.He further stated that he had met Narender Kumar Sharma who had told that Ishwar Chand/accused No. 1/respondent No.1 herein had misbehaved with him and he would teach him a lesson.Inter alia, he DW-2 along with Narender Kumar Sharma had gone to the house of Ishwar Chand/accused No. 1/respondent No.1 herein and stated that in his presence PW-2 Narender Kumar Sharma had broken the lock of the said house and removed the entire articles from that house and loaded all the goods in a matador and transported the same to Pilkhawa.On being cross-examined by the State, the witness DW-2 stated that Ishwar Chand/accused No. 1/respondent No.1 herein intended to purchase a plot in J-block Kartar Nagar, Shahdara but that he DW-2 did not know to whom the said plot belonged.The said plot was stated to be of 50 sq. yds.and a sum of Rs.83,000/- was paid in his presence and that some notes were of Rs.100/- in denomination, some of 50/- and some