acp rajbir singh murder case judgement
TRANSCRIPT
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
1/158
CBI Vs Vijay Bhardwaj
1
In the Court of Sh. Rakesh Kumar Yadav, Addl. Sessions Judge-cum-Special Judge C!I" #ar$ana at %anchkula.
Case No.6 of 2008.
Code No.203600011972013
Filing No.11972013.
!a"e of Ins"i"#"ion$ 19.08.2008.
!a"e of !e%ision$ 23.10.201&.
CBI Vers#s Vijay Bhardwaj son of 'hri (h#shi )a*+ age,&2 years+residen" of -o#se No.829+ 'e%"or,1+ /#rgaon.
,,,,%%#sed.
)C No. '2008CBI'CB.INew !elhi da"ed 02.06.2008.
nder 'e%"ion$ 302 I4C and 2&27 of Indian r*s %".
4oli%e '"a"ion$ CBI'CBNew !elhi.
4resen"$, 'h. )ajan !ahiya+ '5e%ial 4#li% 4rose%#"or for "he CBI.
%%#sed in %#s"ody re5resen"ed y 'hri nil (a#shi+
do%a"e.
J&'()*+ -
'"a"ely+ a%%#sed Vijay Bhardwaj 'o la"e 'h. (h#shi )a* )o
-.No. 829+ 'e%"or,1+ /#rgaon was a 5ro5er"y dealer and was
*ain"aining his sho5,%#*,offi%e on ehra#li )oad+ /#rgaon. :he
a%%#sed was haing #siness rela"ions wi"h )ajir 'ingh+ C4 in !elhi
4oli%e sin%e de%eased. ;n 2.03.2008+ 'I 4radee5 (#*ar 4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
2/158
CBI Vs Vijay Bhardwaj
2
(rishan !e+ '#,Ins5e%"or 4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
3/158
CBI Vs Vijay Bhardwaj
3
"aen in"o 5oli%e 5ossession y "he Ines"iga"ing ;ffi%er 'hri (rishan !e
4#re *e*o *.%/-0126". :he shoes and shir" was
%oner"ed in"o se5ara"e 5ar%els+ whi%h was sealed y "he Ines"iga"ing
;ffi%er. :hereaf"er+ "he aforesaid 5oli%e offi%ials again wen" "o "he 5la%e of
o%%#rren%e i.e. offi%e,%#*,sho5 of a%%#sed Vijay Bhardwaj.
2. ;n 5la%e of o%%#rren%e a" differen" 5oin" of "i*e lood,
s"ained news5a5er *.%-064 to *.%-067"+ one roen %al%#la"or *.%-
065"+ "wo 5ie%es of #lle" lead *.%-89"+ one %hair *.%-16"+ "wo glass
"#*lers *.%-18 to *.%-17"+ "wo soda wa"er o""les *.%-15 : %-14"+
one 5a%e" of =ehar Na*een *.%-11" were "aen in"o 5oli%e
5ossession ide sei>#re *e*o *.%/-0125. oile 5hone of de%eased
)ajir 'ingh C4 !elhi 4oli%e was "aen in"o 5ossession ide sei>#re
*e*o *.%/-0826"+ handag of de%eased )ajir 'ingh was "aen in"o
5ossession ide sei>#re *e*o *.%/-0824" and elongings of )ajir
'ingh were "aen in"o 5ossession ide sei>#re *e*o *.%/-0820". :he
s%ene of %ri*e was 5resered y "he Ines"iga"ing ;ffi%er "ill arrial of
Ballis"i%s "ea*. I" is also a %ase of "he 5rose%#"ion "ha" '# Ins5e%"or
(rishan !e 4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
4/158
CBI Vs Vijay Bhardwaj
of -o*e ffairs *.%-3 to *.%-5" were re%oered. In "he *eanwhile+
-ead Cons"ale =il# )a* 4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
5/158
CBI Vs Vijay Bhardwaj
&
)ajir 'ingh C4+ %onsis"ing !r. #esh )a*5al4#re *e*o *.%/-0520".
&. ;n 2&.03.2008 a" ao#" 1$30 5.*.+ "ea* fro* F'= isi"ed "he
5la%e of o%%#rren%e i.e. sho5,%#*,offi%e of a%%#sed and 5re5ared re5or"
*.%/08206" ao#" s%ene of %ri*e da"ed 09.0&.2008 along wi"h ro#gh
se"%h *.%/1920" of rela"ie 5osi"ioning of fi""ings and f#rnishings and
a relean" *a"erial oje%" in%l#ding #lle"s+ %hairs+ 5ool of lood e"%. e"%.
and 5oin"ed o#" "wo #lle" 5roje%"iles+ o#" of "he* one was fo#nd
e*edded in head res" of %hair 5la%ed a%ross "he "ale and ano"her
5roje%"ile #lle" lying on "he glass "o5 of "ale. !#ring isi"ing s%ene of
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
6/158
CBI Vs Vijay Bhardwaj
6
%ri*e+ 5ho"ogra5hs *.%/-1923 to *.%/-19201" were "aen and "he
5rin" o#" of "he 5ho"ogra5hs "aen were *ade 5ar" of "he re5or" of s%ene of
%ri*e. ;n 2&.03.2008+ an a55li%a"ion *.%/-03203" was *oed "o ;+
/eneral -os5i"al /#rgaon "o see his o5inion regarding en"ry and eDi"
wo#nd and in 5#rs#an%e of "ha" !r. '.(.'har*a 4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
7/158
CBI Vs Vijay Bhardwaj
7
Bhardwaj s#ffered ano"her dis%los#re s"a"e*en" *.%/-0821"+ dis%losing
"herein+ "ha" he had wri""en a s#i%ide no"e+ whi%h is e5" in enelo5e and
lying in regis"er and he %an ge" "he sa*e re%oered. In 5#rs#an%e of
dis%los#re s"a"e*en" of a%%#sed+ "he a%%#sed lead "he 5oli%e 5ar"y a" "ha"
5la%e and go" re%oered one enelo5e %on"aining so*e wri""en *a"erial
and "he sa*e was fo#nd lying in "he regis"er. -e also go" re%oered le""er
heads of his offi%e,%#*,sho5 #nder na*e and s"yle of s Vijay and
sso%ia"es 4ro5er"y Cons#l"an"s and o"her relean" *a"erial whi%h was
"aen in"o 5ossession y 5oli%e ide sei>#re *e*o *.%/-082;".
8. ;n 0.0.2008+ %asse""e whi%h was 5re5ared d#ring
5os"*or"e* of de%eased )ajir 'ingh was "aen in"o 5oli%e 5ossession
ide sei>#re *e*o *.%/-08209".
9. !#ring ines"iga"ion infor*a"ion was re%eied fro* anoj
'hiarwar+ ?
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
8/158
CBI Vs Vijay Bhardwaj
8
of a%%#sed along wi"h s5e%i*en signa"#re and handwri"ing of "he a%%#sed
was sen" "o F'= adh#an and in "his regard re5or" *.%/-47201" was
re%eied. '#seA#en"ly+ ines"iga"ion of "his %ase was "ransferred "o CBI
ide no"ifi%a"ions da"ed 1..2008 and 27.&.2008 of /o". of India.
11. =earned rea agis"ra"e ide order da"ed 19.08.2008
%o**i""ed "he %ase as offen%e was 5#nishale #nder 'e%"ion 302 of
Indian 4enal Code and 2&27 of Indian r*s %"+ whi%h is eD%l#siely
"riale y "he Co#r" of 'essions.
C#AR(*S
12. Vide order da"ed 09.09.2008+ "he a%%#sed was %harge,shee"ed
for "he offen%es 5#nishale #nder 'e%"ion 302 Indian 4enal Code and
2&27 of "he r*s %" "o whi%h he 5leaded no" g#il"y and %lai*ed "rial.
*
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
9/158
CBI Vs Vijay Bhardwaj
9
oer "o CBI d#ring ines"iga"ion. e*o in "his regard is *.%/023.
arlier a%%#sed was haing good re5#"a"ion #" he had s"ar"ed de*anding
one or "wo days "i*e for re"#rn of *oney.
1. :he 5rose%#"ion has f#r"her eDa*ined %/-3 %urshottam
son of Shri )am Chand. :his wi"ness has de5osed "ha" he was r#nning a
#siness of 5ro5er"y #nder "he na*e and s"yle of Vaishno 4ro5er"ies+
/#rgaon and he along wi"h ?asir 'ingh were 5ar"ners. -e had adan%ed
16.00 la%s "o a%%#sed for 5#r%hase of a 5lo" and i" was agreed "ha" 5rofi"₹
will e eA#ally diided e"ween hi* and a%%#sed. %%#sed had gien a
lan %heA#e as se%#ri"y or g#aran"ee. :he a%%#sed re"#rned 10.00 la%s₹
"o hi* wi"hin 2 *on"hs. ;n "he day of in%iden"+ he had gien a lan %all
"o "he a%%#sed and %%#sed sen" '' "ha" he will %all hi* wi"hin 10
*in#"es. :he a%%#sed gae hi* a %all a" ao#" 3.00 5* infor*ing "ha" he
was o#" of s"a"ion+ he will ge" "he sale deed eDe%#"ed and re"#rn "he
*oney. n a*o#n" of 6.00 la%s was o#"s"anding agains" "he a%%#sed as₹
5rin%i5al s#*. ;n 2&.03.2008 he %a*e "o now "ha" a%%#sed had
orrowed *oney fro* o"hers. :he lan %heA#e *.%/323 signed y
a%%#sed was handed oer y hi* "o CBI ide *e*o *.%/320 and "he
a*o#n" of %heA#e was 20 la%s.₹
1&. :he 5rose%#"ion has f#r"her eDa*ined %/-6 Anil )alik son
of Shri Amar Singh )alik . :his wi"ness has de5osed "ha" he nows
a%%#sed sin%e 2000. -e %a*e in"o %on"a%" wi"h a%%#sed a" "he residen%e of
his ro"her,in,law 'adh# Bh#5ender 'ingh who was in "he #siness of
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
10/158
CBI Vs Vijay Bhardwaj
10
5ro5er"y dealing in /#rgaon. -e was de5#"ed wi"h -! offi%e in "he
year 2000 "ill ar%h 200& and d#ring "his 5eriod he *e" wi"h a%%#sed
who #sed "o isi" -! offi%e a" /#rgaon for ao#" 1&,20 "i*es. -e was
sear%hing for s*all 5lo" *eas#ring 200,2&0 'A. Hards a" /#rgaon and in
"his regard he reA#es"ed "he a%%#sed. :he a%%#sed de*anded s#* "oen
a*o#n" and he 5aid 6.00 la%s "o "he a%%#sed. f"er arranging "he₹
a*o#n" y *or"gaging "he jewellery of his wife wi"h #"hoo" /ro#5+
"he a%%#sed %o#ld no" lo%a"e any s#i"ale 5lo" for 2,3 *on"hs. -e was
de*anding re"#rn of *oney and "he a%%#sed ass#red "o re"#rn "he sa*e.
;n one o%%asion+ in "he *on"h of !e%e*er 2007 when he wen" "o "he
offi%e of a%%#sed and fo#nd hi* in a ha55y *ood+ on inA#iry "he a%%#sed
"old "ha" C4 )ajir 'ingh is 5os"ed in '5e%ial Cell as wri""en in :i*es of
India News5a5er. :he a%%#sed also "old "ha" he new C4 )ajir 'ingh
sin%e he was s"#dying wi"h hi*. ;n 2.03.2008 a%%#sed "old hi* "o
re"#rn "he a*o#n". -e "ried "o %on"a%" and also sen" '' "o hi*. ;n "his
Vijay Bhardwaj infor*ed hi* "ha" "he *oney wo#ld e re"#rned wi"hin a
wee or 10 days 5osi"iely. ;n 2&.03.2008 he %a*e "o now fro* :V
"ele%as" "ha" C4 )ajir 'ingh was *#rdered y a%%#sed.
16. :he 5rose%#"ion has f#r"her eDa*ined %/-5 =m %arkash
Yadav son of Shri Amar Singh. :his wi"ness has de5osed "ha" he was
dealing in "rans5or" #siness #nder "he na*e and s"yle of *ar "raels
sin%e 1996 as was also doing %ar@s #siness. -e new Vijay Bhardwaj.
Vijay Bhardwaj was dealing wi"h "he 5ro5er"y #siness and his offi%e was
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
11/158
CBI Vs Vijay Bhardwaj
11
lo%a"ed near his ho#se. %%#sed #sed "o "ae *oney fro* hi* for
ines"ing in his 5ro5er"y #siness ranging fro* 1.00 la% "o &.00 la% and₹
#sed "o re"#rn "he *oney af"er ,& days. =as"ly in "he eginning of 2008+
a%%#sed orrowed la%s fro* hi*. -e did no" re"#rn "he *oney and₹
e5" on 5#""ing off hi* on one 5re"eD" or "he o"her. -e do no" now ao#"
"he re5#"a"ion of "he a%%#sed. =as"ly on 21s"
and 22nd
ar%h+ 2008+ he had
ased "he a%%#sed "o re"#rn "he *oney and "he a%%#sed ass#red he wo#ld
re"#rn "he a*o#n" wi"hin 2,3 days. %%#sed #sed "o say "ha" C4 )ajir
'ingh was his friend and "old hi* if "here is any 5role*+ he %an hel5 hi*
o#".
17. :he 5rose%#"ion has f#r"her eDa*ined %/-4 Jai?ir Singh
son of Shri Chhat?ir Singh. :his wi"ness has de5osed "ha" he was
woring as a 5ro5er"y #siness*an #nder "he na*e and s"yle of ?a"in
4ro5er"ies for "he las" ,& years. arlier he was r#nning #siness of %ar
sale and 5#r%hase in "he na*e of ?! o"ors+ !elhi )oad+ /#rgaon. -e
new a%%#sed for "h las" 3, years "hro#gh r. ?agg# of "a o"ors.
%%#sed had orrowed an a*o#n" of &.00 la%s fro* hi* wi"h "he₹
ass#ran%e "o re"#rn "he sa*e. -e re"#rned 3.& la%s #" did no" re"#rn res"₹
of "he a*o#n". -e had %on"a%"ed a%%#sed Vijay Bhardwaj on his "ele5hone
No.9811999.
18. :he 5rose%#"ion has f#r"her eDa*ined %/-1 Ashok Kumar
son of Shri S.%.Sharma. :his wi"ness has also de5osed "ha" he was
5ro5er"y dealer+ nows a%%#sed Vijay Bhardwaj for "he las" 1&,20 years.
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
12/158
CBI Vs Vijay Bhardwaj
12
%%#sed was doing 5ro5er"y #siness. :here was a #siness "ransa%"ion
e"ween hi* and a%%#sed. :he a%%#sed did no" 5ay his %o**ission
5er"aining "o 5#r%hase of 5lo" y ?oginder 'ingh. :he a%%#sed did no" 5ay
%o**ission as 5ro5er"y dealer "o hi* regarding aforesaid 5lo". -is elder
ro"her 'hri )ajinder 'har*a had 5#r%hased a 5lo" "hro#gh a%%#sed Vijay
Bhardwaj. " "he "i*e of eDe%#"ion of sale deed+ a%%#sed gae 3.& la%s₹
less a*o#n" "o "he endor whi%h re*ained #n5aid y "he a%%#sed.
:hereaf"er+ "here was a %ollaora"ion wi"h a %o*5any na*ed )/F for
sale of "wo a%res of land whi%h elongs "o hi* and Vijay Bhardwaj was
"he *edia"or in all dealings. :o %lear "he %o**ission a%%#sed iss#ed a
lan %heA#e. :he "o"al %o**ission of deal was 7.& la%s and o#" of "ha"₹
3.7& la%s was his share and res" of "he share was of a%%#sed.₹
19. :he 5rose%#"ion has f#r"her eDa*ined %/-8 Anshul
)ahesh@ari son of Shri Arun Kumar )ahesh@ari. :his wi"ness has
also de5osed "ha" he was r#nning #siness of dis"ri#"ion of *oile se"s
and jewellery #nder na*e of s lanar ?ewellers + 'adar Ba>aar+
/#rgaon. -e new a%%#sed. :he a%%#sed %a*e in"o his %on"a%". -is fa"her
re"ired fro* '"a"e Ban of India+ si"#a"ed j#s" in fron" of sho5 of a%%#sed.
-is fa"her had 5#r%hased 5lo" "hro#gh a%%#sed Vijay Bhardwaj. -e had
5roided oile No.9811999+ a 4os"5aid %onne%"ion "o a%%#sed.
20. :he 5rose%#"ion has f#r"her eDa*ined %/-7 !hag@an
%rasad (upta son of Shri )ukut !ihari al. :his wi"ness has de5osed
"ha" he was woring as %%oo#n"s ssis"an" in -!+ !iision No.1+
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
13/158
CBI Vs Vijay Bhardwaj
13
'e%"or ,1&+ 4ar" II+ /#rgaon. :he wi"ness was de%lared hos"ile and was
%ross,eDa*ined y "he '5e%ial 4#li% 4rose%#"or.
21. :he 5rose%#"ion has f#r"her eDa*ined %/-; )ukesh Yadav
son of Shri Jas@ant Singh. :his wi"ness has de5osed "ha" his ro"her,in,
law 'hri ?ag5al 'ingh@s offi%e #nder "he na*e and s"yle of s "a
o"ors is lo%a"ed a" ehra#li )oad+/#rgaon. -e was r#nning #siness
wi"h 'anjay Bhardwaj. 'anjay Bhardwaj ro"her of Vijay Bhardwaj
a%%#sed. -e learned fro* a news5a5er "ha" C4 )ajir 'ingh has een
*#rdered and Vijay Bhardwaj has een arres"ed y "he 5oli%e. :his
wi"ness was de%lared hos"ile and was %ross,eDa*ined y "he '5e%ial 44.
22. :he 5rose%#"ion has f#r"her eDa*ined %/-09 )ukesh
Kumar son of 'a$a Chand. :his wi"ness has de5osed "ha" he was
r#nning #siness of 5ro5er"y dealing #nder "he na*e of )iya 4ro5er"ies
and nows a%%#sed fro* las" 8,10 years. -e nows )a*esh ali. :he
a%%#sed had 5#r%hased a 'an"ro Car fro* fro* )a*esh ali for a
%onsidera"ion of &0+000, 5l#s ins"all*en"s "hro#gh hi*. -e was₹
in"eres"ed "o 5#r%hased a 5lo" and adan%ed 2.00 la%s as earnes" *oney₹
"o a%%#sed+ howeer+ "he deal was %an%elled and "he a%%#sed re"#rned
*oney "o hi*. :his wi"ness was de%lared hos"ile and was %ross,eDa*ined
y "he '5e%ial 44.
23. :he 5rose%#"ion has f#r"her eDa*ined %/-00 Ramesh
Katari$a son of 'aulat Ram. :his wi"ness has de5osed "ha" he was
'ar5an%h of Village Basai and was %on"ra%"or of liA#or sho5. -e was no"
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
14/158
CBI Vs Vijay Bhardwaj
1
haing finan%ial dealings wi"h a%%#sed. :his wi"ness was de%lared hos"ile
and was %ross,eDa*ined y "he '5e%ial 44.
2. :he 5rose%#"ion has f#r"her eDa*ined %/-03 'r. )ukesh
Rampal, )edical =fficer (eneral #ospital, Re@ari. :his wi"ness has
de5osed "ha" on 2&.03.2008 he along wi"h *e*ers of Board !r.
'.(.'har*a+ Forensi% D5er" %ond#%"ed 5os"*or"e* eDa*ina"ion on "he
dead ody of C4 )ajir 'ingh+ ;';+ Cri*e Bran%h+ '#nligh" Colony+
New !elhi. :he Board no"ed down "he following$
Body was of a well #il" *ale wearing lood soaed whi"e
a%gro#nd s"ri55edlined shir"+ la% "ro#ser+ la% so%s and la%
lea"hered shoes. 'hir" was dren%hed in lood all oer eD%e5" fron" of lef"
sho#lder. 4an" "oo was *ois" wi"h lood on i"s fron". Fa%e was s*#dged
wi"h lood. :he inner of "he lef" eye showed Jla% eyeK. )igor *or"is
was 5resen". :he shir" and 5an" were %#" o5en. :he whole ody was E,
rayed. E,rays did no" show any #lle". igh" E,ray fil*s had een handed
oer "o "he 5oli%e.
'uring postmortem follo@ing firearm inBuries @ere
found
1. :here was "riradia"e+ s"ar sha5ed firear* en"ry wo#nd
in "he #55er *iddle fron" of "he forehead. 55er half of
"he wo#nd was hidden in "he hairy area. :here was no
effe%" of g#n 5owder lie #rningL "a""ooing e"%. i" was
1.& D .& %* and 6.& %* aoe "he *iddle of o"h
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
15/158
CBI Vs Vijay Bhardwaj
1&
eyerows.
2. hori>on"ally 5la%ed la%era"ed /ra>ed wo#nd in "he
lef" side of "he head. I"s fron" end was .& %* aoe "he
#55er 5ar" of lef" 5inna.
3. %ir%#lar firear* eDi" wo#nd in "he #55er *iddle a%
of "he head. I" was 1 %* in dia and was 1 %* "o "he lef"
of *idline.
:here was righ" red eD"raasa"ion of lood #ndernea"h
"he s%al5. :here was J%ra"er lieK hole in "he fron"al area #nderlying
inj#ry No.1. fiss#red fra%"#re s"ar"ing fro* here eD"ends a%wards and
"hen "o "he righ"+ i" ends a" ao#" 7 %* aoe "he righ" ear area. :he s#ll
showed a %ir%#lar hole #ndernea"h "he inj#ry No.3. :here was eD"rad#ral
hae*a"o*a. :he lef" %ereral he*is5here was la%era"ed in "he area of
%ra"er hole. :here was lood filled %o**#ni%a"ing "ra% e"ween inj#ries
No.1 and 3. Fron"al ase of "he s#ll was fra%"#red.
:he oard had gien following o5inion$
!ea"h in "his %ase was d#e "o sho% and he*orrhage as
a res#l" of %ranio,%ereral da*age %onseA#en" #5on firear* inj#ries.
Inj#ry No.1 M 3 were firear* en"ry and eDi" wo#nds res5e%"iely and
%a#sed y s*oo"h ored firear* a**#ni"ion dis%harge a" %lose range
*os" liely "igh" %on"a%". :he inj#ry No.2 was gra>ed wo#nd.
-e also de5osed af"er "he 5os"*or"e* following were
handed oer "o "he 5oli%e$
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
16/158
CBI Vs Vijay Bhardwaj
16
1. '#"#red dead ody af"er 4.
2. 4os"*or"e* re5or" in original.
3. :wele 5oli%e 5a5er d#lly signed y oard *e*er.
. sealed %lo"hed 5ar%el %on"aining "he %lo"hings of "he
de%eased.
&. sealed %lo"hed 5ar%el %on"aining shoes of "he
de%eased.
6. igh" E,)ay fil*s.
-e has also de5osed "ha" "he 5roale "i*e e"ween
inj#ry and dea"h was few *in#"es "o one ho#r and e"ween dea"h and
5os"*or"e* wi"hin 2 ho#rs. :his wi"ness has 5roed 5os"*or"e* re5or"
as *.%/0320. 4i%"orial diagra* showing sea" of inj#ries as *.%/0323.
InA#es" re5or" signed y "he oard as *.%/0326. 'iagra*s as
*.%/0325 "o *.%/03200. :his wi"ness has f#r"her 5roed a55li%a"ion
*.%/03203 *oed y 5oli%e and re5or" of !r. '.(.'har*a as
*.%/03206. :his wi"ness has anneDed affidai" *.%/032A %on"aining
*a"erial fa%"s of 5os"*or"e* eDa*ina"ion.
2&. :he 5rose%#"ion has f#r"her eDa*ined %/-06 'r.
S.K.Sharma, retd. Civil Surgeon, (eneral #ospital, (urgaon. :his
wi"ness has de5osed "ha" on 2&.03.2008+ he along wi"h 4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
17/158
CBI Vs Vijay Bhardwaj
17
a55li%a"ion *.%/03203 was *oed y "he 5oli%e and on asis of "ha"
a55li%a"ion he had gien his re5or" "o "he 5oli%e as *.%/03206 in his
own handwri"ing+ showing %larifi%a"ion of "he inj#ries.
#e gave further opinion "ha" on 5er#sal of "he a#"o5sy re5or"+
i" had een no"i%ed "ha" an error had %re5" inader"en"ly+ in re%ording "he
%on%l#ding 5or"ion of o5inion. s was %lear fro* "he de"ailed re5or"+ "hese
inj#ries were %a#sed y "he 5assage of a rifled firear* a**#ni"ion
dis%harge and no" y s*oo"h ore a**#ni"ion dis%harge. I" had een
reA#es"ed "ha" o5inion *ay 5lease e read a%%ordingly.
s regards "heir A#ery regarding en"ry and eDi" of "he
5roje%"ile+ a fir* inferen%e owing "o "he na"#re and lo%a"ion of "he wo#nds
%o#ld no" e drawn. 'in%e "he eDi" wo#nd on "he forehead %o#ld e
Js"rella"eK in sha5e and also for "he reason of asen%e of effe%" of
g#n5owder aro#nd "he inj#ry on forehead i" had een agreed "ha" "he
5ossiili"y of i"s en"ry fro* wo#nd No.3 and eDi" fro* wo#nd n#*er he
%o#ld no" e r#led o#". -oweer an o5inion in "ha" regard *ay 5lease e
had fro* allis"i%s eD5er"s.
:his wi"ness has iden"ified shoes and so%s of "he de%eased as
*.)=20+ *.)=23 and *.)=26 and *.)=25. -e has also 5roed
5an" of de%eased as *.)=24+ el" as *.)=21 and "he shir" of de%eased
as *.)=28.
26. :he 5rose%#"ion has f#r"her eDa*ined %/-05 So?ha Ram,
Su?-Inspector CIA /est, (urgaon. :his wi"ness has de5osed on
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
18/158
CBI Vs Vijay Bhardwaj
18
2&.03.2008+ while he was 5os"ed in 4oli%e 4os"+ 'e%"or,1+ /#rgaon+
!o%"or handed oer hi* elongings of "he de%eased and "he sa*e was
de5osi"ed y hi* 'hri (rishan !e+ '#,Ins5e%"or+ Ines"iga"ing ;ffi%er
of "his %ase ide *e*o D.4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
19/158
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
20/158
CBI Vs Vijay Bhardwaj
20
"he *ean"i*e+ 'hri :ahir -#ssain '-; 4' Ciil =ines+ /#rgaon+ C4
Ci"y /#rgaon 'hri )a* (alan and 'hri )aesh rya !C4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
21/158
CBI Vs Vijay Bhardwaj
21
was of C4 )ajir 'ingh of !elhi 4oli%e.
;n 26.03.2008+ in 5#rs#an%e of dis%los#re s"a"e*en" of
a%%#sed D.4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
22/158
CBI Vs Vijay Bhardwaj
22
29. :he 5rose%#"ion has f#r"her eDa*ined %/-08 Krishan 'ev
retd. SI resident of #ouse +o.*-165 S() +agar, >arida?ad. :his
wi"ness has de5osed "ha" on 2.03.2008+ he was 5os"ed in Ciil =ines
/#rgaon. ;n re%ei5" of infor*a"ion fro* 'I 4radee5 (#*ar+ he had
regis"ered FI) No. 117 da"ed 2.03.2008 #nder 'e%"ion 302 I4C and
2&&&9 of r*s %" as *.%/0120 and sen" s5e%ial re5or". :hereaf"er+
he along wi"h 'I 4radee5 (#*ar+ -C 'her 'ingh+ Cons"ale ?as5al lef"
"he 4oli%e '"a"ion "o rea%h "he 5la%e of o%%#rren%e. :he 5la%e of
o%%#rren%e was offi%e,%#*,sho5 #nder "he na*e and s"yle of Vijay M
sso%ia"es. :his wi"ness f#r"her de5osed "ha" he ro#gh" o#" a walle"
fro* "he righ" side a% 5o%e" of "he "ro#ser worn y "he de%eased in "he
5resen%e of 'I 4radee5 (#*ar and o"her 5oli%e offi%ials. :his wi"ness
de5osed "ha" ide *e*o *.%/0820 elongings of de%eased of C4
)ajir 'ingh were "aen in"o 5ossession and were a""es"ed y -C =eel#
)a* and 'I ?awahar 'ingh and iden"ified "he sa*e as *.%0 to *.%39.
-e has also 5roed ro#gh si"e 5lan *.%0823. :his wi"ness has also
iden"ified "he %ase 5ro5er"y *.%30 to *.%45 "he %ase 5ro5er"y whi%h
was re%oered y "he 5oli%e fro* "he 5la%e of o%%#rren%e. :his wi"ness
has also 5roed Noia N,73 and Noia 6300 and re%oery of %ar fro* "he
a%%#sed. :his wi"ness has 5roed "ha" af"er 5os"*or"e* re5or" 'hri
'hoha )a* 'I 5rod#%ed %lo"hes and shoes of de%eased along wi"h gold
ring and wris" wa"%h and "he sa*e were "aen in"o 5ossession ide
re%oery *e*o *.%/0520. :his wi"ness has also 5roed 5air of shoes of
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
23/158
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
24/158
CBI Vs Vijay Bhardwaj
2
-C =eel# )a* and 'I ?awahar 'ingh. :he aforesaid ar"i%les were
iden"ified "o e elongings of de%eased )ajir 'ingh y -C =eel# )a*
and 'I ?awahar 'ingh. :he ag %on"aining ar"i%les 5roed as D.469.
:his wi"ness has f#r"her de5osed "ha" he had 5re5ared s%aled
si"e 5lan as *.%/042A "hro#gh anoj (#*ar !raf"s*an and re%orded
"he s"a"e*en" of wi"nesses !hara*ir 'har*a+ di"or Gee News /#rgaon.
:his wi"ness also de5osed "ha" a%%#sed Vijay Bhardwaj s#ffered
dis%los#re s"a"e*en" *.%/0124 and in 5#rs#an%e of his s"a"e*en"
a%%#sed led "he 5oli%e 5ar"y "o "he 5la%e and go" re%oered one reoler in
"he #shes wi"h his own hands. I" was fo#nd "ha" "he %ha*er of reoler
%on"ained "wo e*5"y %ar"ridge %ases and "wo lie %ar"ridges and "he sa*e
were sealed. :he aforesaid 5ro5er"y were "aen in"o 5ossession ide
*e*o *.%/-0121". :he se"%h of "he reoler was 5re5ared. :his
wi"ness iden"ified "he reoler as *.%80 and se"%h of reoler as
*.%/0128. :he ro#gh si"e 5lan as *.%/0127. :his wi"ness has 5roed
"he %ase 5ro5er"y re%oered as *.%/80. -e has also de5osed on re"#rn+
"he %ase 5ro5er"y was de5osi"ed wi"h "he -C of 4oli%e '"a"ion. -e also
de5osed "ha" he wro"e an a55li%a"ion "o "he offi%e of !C4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
25/158
CBI Vs Vijay Bhardwaj
2&
agis"ra"e+ /#rgaon and 5oli%e re*and was so#gh" whi%h was a%%orded
for "hree days.
;n 28.03.2008+ he in"erroga"ed a%%#sed Vijay Bhardwaj+ who
s#ffered dis%los#re s"a"e*en" *.%/0821 and go" re%oered his
%onfession no"e r#nning in"o 3 5ages. :he a""es"ed %o5y is *.%/0827.
:he sa*e were "aen in"o 5oli%e 5ossession and were sealed in an
enelo5e. :his wi"ness has 5roed re%oery of *a"erial as *.%81 to
*.%74. ll "he aforesaid *a"erial were "aen in"o 5ossession ide *e*o
*.%/082; a""es"ed y -C 'a"ish (#*ar and Cons"ale )ajesh (#*ar.
-e also de5osed "he %ase 5ro5er"y was de5osi"ed wi"h -C 4' Ciil
=ines+ /#rgaon. :his wi"ness has also de5osed "ha" on 30.03.2008+ he
5rod#%ed "he a%%#sed Vijay Bhardwaj efore IllaAa agis"ra"e and was
sen" "o j#di%ial %#s"ody. ;n 31.03.2008+ Cons"ale 'a"ish (#*ar
5rod#%ed 1 nega"ies and 28 5ho"ogra5hs of "he 5la%e of o%%#rren%e
whi%h are *.%71 to *.%038. :his wi"ness has de5osed "ha" -C
(anwar 'ingh 5rod#%ed one C! %on"aining "he ideogra5hy of "he
5ro%eedings of "he 5os"*or"e* eDa*ina"ion on "he dead ody of "he C4
)ajir 'ingh. :he C! was "aen in"o 5ossession ide *e*o
*.%/08209. -e 5rod#%ed C! as *.%037.
;n 0&.0.2008+ he had re%eied re5or" fro* (an5#r fro* "he
offi%e of !C4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
26/158
CBI Vs Vijay Bhardwaj
26
iss#ed on 26.02.1993 as 5er "heir re%ord. ;n 16.0&.2008 r. !hara*ir
di"or Gee News 5rod#%ed a C! whi%h was "aen in"o 5ossession ide
*e*o *.%/08203 and was sealed. -e iden"ified "he C! as *.%03;.
:his wi"ness has also de5osed "ha" he had re%orded 'hri Bhagwan who
a""es"ed "he *e*o *.%/08203 #nder 'e%"ion 161 Cr.4.C. ;n
2&.03.2008 he had "aen in"o 5ossession so*e "ra%es of lood whi%h
were s%ra"%hed fro* "he glass lying on "he "ale of "he offi%e,%#*,sho5 of
"he a%%#sed and "he sa*e was "aen in"o 5oli%e 5ossession and iden"ified
"he wra55ing %lo"h as *.%069 and "he 5las"i% %on"ainer as *.%060. -e
had also "aen in"o 5ossession "he 5las"i% %on"ainer fro* "he offi%e,%#*,
sho5 of "he a%%#sed and 5roed %on"ainer as *.%066 and a 5ie%e of %lo"h
in whi%h i" was wra55ed as *.%063. :his wi"ness has 5roed *a"erial
oje%"s re%oered fro* "he 5la%e of o%%#rren%e as *.%065 to *.%067.
-e also de5osed "ha" "he sa*e were "aen in"o 5oli%e 5ossession ide
*.%/0125. -e de5osed "ha" "he re5or" of Ballis"i% D5er" *.%/08206
r#nning in"o siD 5ages were o"ained y hi*.
:he s5e%ial re5or" was sen" "o "he IllaAa agis"ra"e on
2.03.2008 whi%h was re%eied y !#"y C? on 6.1& a* on 2&.03.2008
whi%h is *.%/08205. -e re%eied 5os"*or"e* re5or" d#ring
ines"iga"ion. f"erwards "he ines"iga"ion was handed oer "o CBI. :his
wi"ness iden"ified "he a%%#sed in "he %o#r".
30. :he 5rose%#"ion has f#r"her eDa*ined %/-07 )anmohan
son of ate 'r. !.).Sharma+ who has de5osed "ha" on 07.06.2008+ he
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
27/158
CBI Vs Vijay Bhardwaj
27
was woring as a ar *an in -o"el 4ar 4la>a a" /#rgaon and he has seen
Vijay Bhardwaj and )ajir 'ingh %o*ing "o -o"el 4ar 4la>a in "he ar.
-e #sed "o sere "he* "he whisy. Bo"h of "he* #sed "o "ae la% lael.
;n one o%%asion+ Vijay Bhardwaj a%%#sed %a*e alone. I" was India,
5ais"an a"%h and he enjoyed
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
28/158
CBI Vs Vijay Bhardwaj
28
wi"nesses fro* "he 5la%e of o%%#rren%e was "aen in"o 5ossession ide
sei>#re *e*o *.%/0125.
32. :he 5rose%#"ion has f#r"her eDa*ined %/-39 ASI Sheesh
%al son of Shri )ohan al. :his wi"ness has de5osed "ha" on
2&.03.2008+ he was 5os"ed in '5e%ial '"aff 'e%"or 10+ /#rgaon as
%o*5#"er In%harge. r. 'anjee (#*ar Ins5e%"or was "he In%harge of "he
said '5e%ial '"aff. -e f#r"her de5osed "ha" %all de"ails s"a"e*en"s
*.%/3923 to *.%/3924 5er"aining "o *oile 5hone No. 9873919999
"hree 5ages of C4 )ajir 'ingh+ a%%#sed Vijay Bhardwaj
9811999+ 4ardee5 (#*ar 981832& and =il# )a* 4';
9891181899 for a 5eriod of Fer#ary and ar%h+ 2008 was s#55lied "o
hi* whi%h were "aen in"o 5oli%e 5ossession ide re%oery *e*o
*.%/3920. ;n 29.03.2008+ he gae de"ails of '' eigh" 5ages for a
5eriod fro* 1&.3.2008 "o 2.03.2008 sen" y )ajir 'ingh C4 fro* "he
*oile 5hone No.9873919999 "o a%%#sed Vijay Bhardwaj on his *oile
5hone No.9873919999 of )ajir 'ingh C4 whi%h de"ails were "aen in"o
5ossession of "he 5oli%e y 'anjee (#*ar In%harge '5e%ial '"aff ide
re%oery *e*o *.%/3921. :his wi"ness has also 5roed de"ails of ''
as *.%/3928 to *.%/39205.
33. :he 5rose%#"ion has f#r"her eDa*ined %/-30 ASI 'avender
Singh +o.01 CIA Sector-08, (urgaon. :his wi"ness has de5osed "ha" on
2&.03.2008+ he was 5os"ed as -C a" 4oli%e '"a"ion Ciil =ines+
/#rgaon. ;n "ha" day+ 'I (rishan !e af"er re"#rning "o 5oli%e s"a"ion a"
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
29/158
CBI Vs Vijay Bhardwaj
29
ao#" &.30 5.*. af"er %ond#%"ing ines"iga"ion of FI) No.11708
a%%o*5anied wi"h a%%#sed Vijay Bhardwaj af"er 5rod#%ing hi* efore "he
IllaAa agis"ra"e %a*e and handed oer %ase 5ro5er"y whi%h he had e5"
in safe %#s"ody in *alhana af"er *aing en"ry in regis"er No.19. In "his
regard+ "his wi"ness has 5roed !!) No.17 as *.%/302A and en"ry in
regis"er No.19 as *.%/302A-0. :his wi"ness has f#r"her de5osed "ha"
on 26.3.2008+ 'I (rishan !e re"#rned "o "he 5oli%e s"a"ion af"er
%ond#%"ing f#r"her ines"iga"ion and handed oer one reoler of .32 ore
along,wi"h "wo lie %ar"ridges and "wo %ar"ridge %asese*5"y shells "o hi*
and sa*e was e5" y hi* in safe %#s"ody. In "his regard+ !! en"ry No.20
da"ed 26.03.2008 was 5roed as *.%/302! and en"ry in regis"er No.19
as *.%/302!-0. :his wi"ness has 5roed "ha" on 28.03.2008+ 'I (rishan
!e re"#rned "o "he 5oli%e s"a"ion af"er %ond#%"ing f#r"her ines"iga"ion
of "he aoe,s"a"ed %ase and one %onfession no"e of "he a%%#sed alongwi"h
7 le""er 5ads 5a5ers and isi"ing %ards were de5osi"ed wi"h hi* and he
e5" "he sa*e in safe %#s"ody in "he *alhana. -e has 5roed "he en"ry
en"ry No.19 da"ed 28.3.2008 in "his regard in "he !!) regis"er as
*.%/302C and "he relean" en"ry in "he regis"er No.19 as *.%/302C-
0. :his wi"ness has f#r"her 5roed "ha" on ..2008+ 'I (anwar 'ingh
de5osi"ed one ideo %asse""e of "he ideogra5hy 5re5ared a" "he "i*e of
%ond#%"ing "he 5os",*or"e* eDa*ina"ion on "he dead,ody was de5osi"ed
wi"h hi* and he e5" "he sa*e in safe %#s"ody in "he *alhana. -e
5roed relean" en"ry No.28 da"ed ..2008 in "his regard in !!)
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
30/158
CBI Vs Vijay Bhardwaj
30
regis"er as *.%/302' and "he relean" en"ry in "he regis"er No.19 as
*.%/302'-0. :his wi"ness has f#r"her de5osed "ha" on 12.0.2008+ 'I
(rishan !e de5osi"ed "he s5e%i*en signa"#res of a%%#sed Vijay
Bhardwaj and he e5" "he sa*e in safe %#s"ody in "he *alhana. -e
5roed "he relean" en"ry No.1& da"ed 12..2008 in "his regard in "he !!)
regis"er No.19 as *.%/302*-0. -e f#r"her de5osed "ha" on 16 .&.2008+
he de5osi"ed one C! 5re5ared y G News wi"h hi* and en"ry in "his
regard in "he !!) regis"er earing No.31 and "he sa*e is *.%/602>
and "he relean" en"ry in "he regis"er No.19 as *.%/302>-0.
3. :he 5rose%#"ion has f#r"her eDa*ined %/-33 Consta?le
Satish Kumar +o.0394, (urgaon. :his wi"ness has de5osed "ha" 'I
(rishan !e+ 'I of 4oli%e '"a"ion Ciil =ines+ /#rgaon %alled hi* "o "he
s5o" and he had "aen 5ho"ogra5hs *.%0 to *.%05+ "he nega"ies of
whi%h are *.%04 to *.%37.
3&. :he 5rose%#"ion has f#r"her eDa*ined %/-36
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
31/158
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
32/158
CBI Vs Vijay Bhardwaj
32
and he iden"ified his signa"#res on "he sa*e. -e f#r"her de5osed "ha" "he
%asse""e handed oer y hi* "o 'I (rishan !e was wi"ho#" any "o#%hing.
38. :he 5rose%#"ion has f#r"her eDa*ined %/-31 C. Shi?u K. %.
+o. ;8;;, South *ast posted at %S (reater Kailash-I, 'elhi+ who has
de5osed "ha" he joined !elhi 5oli%e in "he year 199& and in "he year 200&,
06+ he was 5os"ed in 'e%#ri"y 4oli%e and was de5#"ed as one of "he 4';s
wi"h 'hri )ajir 'ingh+ C4 !elhi and he #sed "o ee5 one 5is"ol wi"h
hi* d#ring "he 5eriod he #sed "o re*ain on d#"y wi"h )ajir 'ingh. -e
f#r"her de5osed "ha" he had isi"ed "he residen%e of )ajir 'ingh and had
a%%o*5anied offi%e of Vijay Bhardwaj. -e f#r"her de5osed "ha" 5rior "o
"he o%%#rren%e of "his %ase+ he had a%%o*5anied )ajir 'ingh C4 on
d#"y and had a%%o*5anied "o 4ar 4la>a Bar. -e f#r"her de5osed "ha" "he
*oney whi%h was re%eied y C4 )ajir 'ingh fro* Vijay Bhardwaj in
"he 5oly"hene ag+ "he sa*e was "aen y C4 )ajir 'ingh "o his
residen%e ndrews /anj y 5#""ing "he sa*e in a rief%ase. -e iden"ified
a%%#sed Vijay Bhardwaj.
39. :he 5rose%#"ion has f#r"her eDa*ined %/-38 #C ilu Ram
+o.560 raffic, K#C Circle, +e@ 'elhi+ who has de5osed "ha" he joined
!elhi 5oli%e on 21.10.1986. -e f#r"her de5osed "ha" in "he year 1993+ he
was 5os"ed in 9"h Ba""alion for se%#ri"y d#"y and he was de5#"ed as 4';
"o C4 )ajir 'ingh+ !elhi 5oli%e in "he *on"h of ?an#ary+ 2007.
0. :he 5rose%#"ion has f#r"her eDa*ined %/-37 Ja@ahar
Singh +o.67402', presentl$ posted at Crime !ranch Sunlight Colon$,
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
33/158
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
34/158
CBI Vs Vijay Bhardwaj
3
:hen he wen" "o "he offi%e of Vijay Bhardwaj+ #" "here was no res5onse
fro* inside "he offi%e+ "hen he no"ed down "he n#*er of Vijay Bhardwaj
whi%h was wri""endis5la%ed a" "he en"ran%e door of "he offi%e of a%%#sed
Vijay Bhardwaj and "hen he %on"a%"ed Vijay Bhardwaj on "ha" *oile
5hone and ased as "o %oney "he *essage "o C4 )ajir 'ingh "o %on"a%"
!C4 Cri*e. :hen "he a%%#sed Vijay Bhardwaj ased "he* "o go "o "he
residen%e of C4 )ajir 'ingh si"#a"ed a" '#shan" =o and "ha" he along
wi"h C4 )ajir 'ingh is %o*ing "here. -e along wi"h =ill# )a* %a*e "o
"he i%ini"y of '#shan" =o where residen%e of C4 )ajir 'ingh is
si"#a"ed and wai"ed for hi* "here. " ao#" 11.00 5* 'I !aender 'ingh
%on"a%"ed hi* on his *oile 5hone and ased why C4 )ajir 'ingh has
no" %on"a%"ed !C4. 'I !aender 'ingh dire%"ed "he* "o rea%h "he 5la%e
where "hey had lef" C4 )ajir 'ingh. -e infor*ed 'I !ainder 'ingh
"ha" C4 )ajir 'ingh is no" 5i%ing his *oile 5hone and "ha" Vijay
Bhardwaj had ased hi* "o rea%h a" '#shan" =o #" none of "he* hae
"#rned #5 a" "he residen%e of C4 )ajir 'ingh. In "he *ean"i*e+ '-;
5oli%e line %on"a%"ed hi* on his 5hone and 4'; =ill# )a* and ased
"he* "o rea%h a" "he 5la%e where "hey had lef" C4 )ajir and "hey
i**edia"ely rea%hed "he offi%e of a%%#sed Vijay Bhardwaj where "hey
saw a h#ge %rowd. :ill "ha" "i*e "hey were no" aware "ha" C4 )ajir
'ingh had een *#rdered. 4'; =ill# )a* i**edia"ely %on"a%"ed "he
es%or" and %alled "he* "o arrie a" Vijay BhardwajOs offi%e,%#*,sho5. -e
f#r"her de5osed "ha" on one o%%asion Vijay Bhardwaj had gien *oney in
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
35/158
CBI Vs Vijay Bhardwaj
3&
a 5oly"hene ag "o hand oer "he sa*e "o C4 )ajir 'ingh+ #" he do no"
now "he eDa%" fig#re of a*o#n". C4 )ajir 'ingh neer %arried his
wea5on wi"h hi* "o "he offi%e of Vijay Bhardwaj. -e #sed "o ee5 his
5is"ol in his rief%ase and #sed "o leae "he sa*e in "he ehi%le wi"h "he
4';. Fie,seen days 5rior "o "he fes"ial of -oli in "he year 2008 )ajir
'ingh C4 had isi"ed "he offi%e of Vijay Bhardwaj a" ao#" 1.001.30
5*.
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
36/158
CBI Vs Vijay Bhardwaj
36
y hi* fro* ' Cell%o for iss#an%e of *oile %ell n#*er. -e f#r"her
de5osed "ha" "he %o*5any had iss#ed *oile No.9811999. -e f#r"her
de5osed "ha" in "he year 2002+ "here was no *#%h reA#ire*en" of
erifi%a"ion of "he 5ar"i%#lars of "he a55li%an" for iss#an%e of "he 'I
%ard. :he a55li%a"ion for* #sed "o a%%o*5anying 5ho"ogra5h of "he
a55li%an" wi"h I! 5roof.
2. :he 5rose%#"ion has f#r"her eDa*ined %/-69 Sh$am?ir
Singh, Advocate+ who has de5osed "ha" he is 5ra%"i%ing as an do%a"e
sin%e 1989 a" !is"ri%" Co#r" Co*5leD+ /#rgaon. -e now a%%#sed Vijay
Bhardwaj as he was %ond#%"ing his "wo %ases. -e f#r"her de5osed "ha" on
23.3.2008+ he %on"a%"ed a%%#sed Vijay Bhardwaj and he "old hi* "ha" he
wan"s "o *ee" hi*. -e %alled hi* a" his residen%e and a%%ordingly %a*e
"o his offi%e a" 8.& a.*. ;n 2.3.2008. -e dis%#ssed so*e *a""er wi"h
hi* and lef". " "ha" "i*e+ a%%#sed Vijay Bhardwaj was looing "ense.
-e f#r"her de5osed "ha" on 2.3.2008+ he re%eied a "ele5honi% %all fro*
a%%#sed Vijay Bhardwaj a" ao#" 11.00 5.*. fro* his *oile 5hone
No.9811999 on his *oile 5hone No.98102999& and a%%#sed Vijay
Bhardwaj infor*ed hi* "ha" a *#rder had "aen 5la%e. -e see*ed "o e
ery nero#s while he was "aling wi"h hi*. -e ased hi* ao#" "he
5erson illed #" he did no" na*e "he said 5erson *#rdered. %%#sed
Vijay Bhardwaj "old hi* "ha" he wan"ed "o s#rrender and ased hi* "o
*ae arrange*en" of his s#rrender. -e s#gges"ed hi* "o %o*e "o hi* in
"he *orning. :hereaf"er+ he dis%onne%"ed "he 5hone. -e f#r"her de5osed
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
37/158
CBI Vs Vijay Bhardwaj
37
"ha" his s"a"e*en" was re%orded.
3. :he 5rose%#"ion has f#r"her eDa*ined %/-60 Sandeep
Sharma son of Shri oder Kumar+ who has de5osed "ha" he now
a%%#sed Vijay Bhardwaj for "he las" *ore "han 20 years. -e f#r"her
de5osed "ha" on 2.3.2008+ he re%eied a "ele5honi% %all fro* 'anjay
Bhardwaj ro"her of "he a%%#sed and ased hi* "o %o*e his residen%e. -e
inA#ired fro* hi* as "o wha" was "he #rgen%y he "old hi* "o %o*e
i**edia"ely+ "hen he wen" "o his ho#se and saw "he *o"her+ sis"er and
Bhahi of "he a%%#sed were fo#nd wee5ing. f"er so*e "i*e+ he re%eied
a "ele5honi% %all fro* a%%#sed Vijay Bhardwaj on his *oile "ha" when he
had gone "o his sho5 "hen he saw "he dead ody of )ajir 'ingh and he
f#r"her "old hi* "ha" he was a55rehending "ha" he *ay no" e illed y "he
5oli%e in a false en%o#n"er and "ha" he wan" "o s#rrender efore "he 5oli%e.
:his wi"ness was de%lared hos"ile a" "he reA#es" of learned 44 for "he CBI
and was allowed "o e %ross,eDa*ined y hi*.
. :he 5rose%#"ion has f#r"her eDa*ined %/-63 'haramvir
Sagar son of Shri arsem al+ who has de5osed "ha" he is r#nning "he
#siness of sale of a#"o 5ar"s in "he na*e and s"yle of ' !hara* #"o
ngineering
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
38/158
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
39/158
CBI Vs Vijay Bhardwaj
39
de%eased and 5oli%e %ons"ales na*ely C '#dhir+ C )aji and C
(ara*ir were wi"h hi* in es%or" d#"y on "ha" day. :he es%or" 5ar"y #sed
"o *oe in ehi%le. ;n 2.3.2008+ a" ao#" 7.00 5.*.+ "hey lef" offi%e
si"#a"ed a" '#nligh" Colony+ New !elhi in es%or" of C4 )ajir 'ingh and
rea%hed Iff%o Chow+ /#rgaona" ao#" 7.& 5.*. -C =ill# )a*+ Ciil
4'; dire%"ed "he* "o s"o5 and wai" a" Iff%o Chow only and "hey will e
%alled if "hee was any need and "h#s+ "hey s"o55ed "here. " ao#" 11.30
5.*.+ Cons"ale '#dhir re%eied a *oile %all fro* -C =ill# )a* asing
hi* "o rea%h (alayani -os5i"al.
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
40/158
CBI Vs Vijay Bhardwaj
0
residen%e of C4 )ajir 'ingh as well as as a" o"her 5la%es in%l#ding
offi%e of a%%#sed.
8. :he 5rose%#"ion has f#r"her eDa*ined %/-61 #C
Ramesh Kumar +o.;542(urgaon, Crime !ranch, (urgaon. :his
wi"ness is %arrier of sealed 5ar%el "aen y hi* fro* -C !aender
'ingh+ Cons"ale Ciil =ines 4oli%e '"a"ion /#rgaon "o F'=+ adh#an.
9. :he 5rose%#"ion has f#r"her eDa*ined %/-68
#ar?haBan Singh son of Shri Karam Singh, resident of #ouse +o.3;6,
Sector-05, (urgaon+ who has de5osed "ha" he was friend of 'anjay
Bhardwaj. Vijay Bhardwaj+ (a5il Bhardwaj and 'anjay Bhardwaj are
ro"hers #" he had no 5ersonal a%A#ain"an%e wi"h res" of "wo ro"hers.
D%e5" "his+ "his wi"ness did no" de5ose any"hing in%ri*ina"ing agains" "he
a%%#sed. -e was de%lared hos"ile and was %ross,eDa*ined y learned
'5e%ial 44 for "he CBI.
&0. :he 5rose%#"ion has f#r"her eDa*ined %/-67 Satpal
Singh retd." SI son of Shri Chain Singh, resident of Jammu . :his
wi"ness has de5osed "ha" he eing '# Ins5e%"or in '5e%ial Cell re*ained
5os"ed wi"h C4 )ajir 'ingh sin%e de%eased. -e had wored as
;rderly wi"h C4 )ajir 'ingh. :his wi"ness did no" de5ose any"hing
in%ri*ina"ing agains" "he a%%#sed. -e was de%lared hos"ile y learned
'5e%ial 44 for "he CBI and was %ross,eDa*ined y hi*.
&1. :he 5rose%#"ion has f#r"her eDa*ined %/-6; %a@an
Singh son of Shri Kishan Singh. :his wi"ness is e*5loyee of Idea
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
41/158
CBI Vs Vijay Bhardwaj
1
Cell#lar ="d. 26&+ ohan Coo5era"ie+ Ind#s"rial rea+ New !elhi and
5roed %all de"ails re%ords as *.%/6;24 to *.%/6;28 of *oile 5hone
Nos. 981181899+99900&0000 and 98917810&9.
&2. :he 5rose%#"ion has f#r"her eDa*ined %/-59 Sumit Kumar,
'S% #D Rohtak. :his wi"ness has de5osed "ha" he was 5os"ed as
C4+!=F+ /#rgaon. ;n 2.3.2008+ he re%eied a 5hone %all fro* *oile
5hone of 'hri !hara*ir %orres5onden" Gee News a" ao#" 11.30 a.*.
5.*.. 'hri !hara*ir infor*ed hi* "ha" he had re%eied a %all fro*
so*eone dis%losing "ha" he had illed so*e 5oli%e 5ersonnel and wan"ed
"o gie his in"eriew efore *edia and he was ased y !hara*ir "o
rea%h near 4e"rol 4#*5 'igna"#re :ower+ /#rgaon. :hereaf"er+ he rea%hed
a" 4e"rol 4#*5+ 'igna"#re :ower+ /#rgaon. :hereaf"er+ he rea%hed "he
4e"rol 4#*5 'igna"#re :ower /#rgaon and saw one 5erson giing
in"eriew "o *edia 5erson !hara*ir. -e a55rehended "ha" fellow who
was giing in"eriew and on inA#iry+ he dis%losed his na*e as Vijay
Bhardwaj. -e f#r"her "old "ha" he had illed )ajir Bhai 'ahi fro* !elhi
4oli%e and la"er,on dis%losed "ha" he had illed C4 )ajir 'ingh a" his
offi%e and dead ody was lying in sa*e offi%e. -e "oo hi* "o "he offi%e
where 5oli%e offi%ers fro* Ci"y 4oli%e '"a"ion /#rgaon had already
rea%hed and a%%#sed Vijay Bhardwaj was handed oer y hi* "o I; fro*
Ci"y 4oli%e '"a"ion+ /#rgaon.
&3. :he 5rose%#"ion has f#r"her eDa*ined %/-50 Su?hash
Chander (urumaita son of 'r. !.%.(urumaita, Chief )anager
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
42/158
CBI Vs Vijay Bhardwaj
2
>()= &nion !ank of India, (ole )arket, +e@ 'elhi . :his wi"ness
was 5os"ed as Bran%h anager in nion Ban of India+ ?harsa )oad+
'e%"or,31+ /#rgaon. :his wi"ness has 5roed le""er D.4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
43/158
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
44/158
CBI Vs Vijay Bhardwaj
'i*ilarly+ "he #n%h of %all de"ails re5or"s of *oile No.9811321030 in
"he na*e of one 'hri ?aswinder are %on"ained in *.%/5625 whi%h r#ns
in"o 6 5ages whi%h ears "he s"a*5 of "he %o*5any as well as his
signa"#res. 'i*ilarly+ "he #n%h of %all de"ails re5or"s of *oile
No.9899999900 of "#l /oel are %on"ained in *.%/5624 whi%h r#ns
in"o 71 5ages whi%h ears "he s"a*5 of "he %o*5any as well as his
signa"#res. 'i*ilarly+ "he #n%h of %all de"ails re5or"s of *oile
No.9999998901 of C4 )ajir 'ingh are %on"ained in *.%/5621 whi%h
r#ns in"o 2 5ages whi%h ears "he s"a*5 of "he %o*5any as well as his
signa"#res. -e also handed oer one #n%h of Cell I! Char" of Vodafone
ssar oile 'eri%e %on"aining 22 5ages. I" %on"ained "he seal of "he
%o*5any and his signa"#res on ea%h 5age. :he sa*e is now *.%/5628.
-e also handed oer one %#s"o*er agree*en" for* of *oile
No.9873919999 in "he na*e of C4 )ajir 'ingh wi"h %aron %o5y of "he
said for* and do%#*en" of I! 5roof i.e. for* No.60 d#ly signed y "he
a55li%an"+ 5ho"o %o5y of iden"i"y %ard of C4 )ajir 'ingh+ 5ho"o%o5y of
driing li%en%e of C4 )ajir 'ingh and "ariff enrol*en" for* in "he
na*e of C4 )ajir 'ingh "o"al 5ages 9 in n#*ers. :he sa*e are now
%olle%"iely eDhii"ed as *.%/5627. 'i*ilarly+ he also handed oer
5ho"o %o5y of %#s"o*er agree*en" for* in "he na*e of C4 )ajir 'ingh
for *oile No.9999998901 in%l#ding 5ho"o %o5y of I! 5roof do%#*en"s
i.e. "ariff 5lan and le""er da"ed 13.12.2007 d#ly signed y )ajir 'ingh
C4 and a""es"ed y Nodal ;ffi%er "o"al 5ages 3 in n#*ers whi%h are
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
45/158
CBI Vs Vijay Bhardwaj
&
now %olle%"iely eDhii"ed as *.%/562;. 'i*ilarly+ he also handed oer
one a55li%a"ion for* in "he na*e of Vishal (#*ar wi"ho#"
earingaffiDing 5ho"ogra5h of "he a55li%an" for *oile No.9811999
in%l#ding 5ho"o %o5y of for* No.60 and "ariff 5lan of "he said *oile
n#*er "o"al 3 5ages in n#*er whi%h is %olle%"iely eDhii"ed as
*.%/56209. -e had also handed oer one 5ho"o %o5y of -#"%h
C#s"o*er agree*en" for* in "he na*e of "#l /oel for "he *oile
No.9899999900 in%l#ding 5ho"o %o5y of for* No.60+ 5ho"o %o5y of
%#s"o*er de%lara"ion for lo%al address+ 5ho"o %o5y of driing li%ense of
"#l /oel and 5ho"o %o5y of 5os"5aid "ariff 5lan enroll*en" for* of aoe
ssaid *oile n#*er d#ly a""es"ed y hi* %on"ained in & 5ages whi%h is
%olle%"iely eDhii"ed as *.%/56200.
&6. :he 5rose%#"ion has f#r"her eDa*ined %/-55 R.K.Singh,
+odal =fficer, !harti Airtel td. '-075, =khla %hase-I, +e@ 'elhi.
:his wi"ness has de5osed "ha" he is woring as Nodal ;ffi%er in "he
aoe,said %o*5any sin%e ay+ 1997. -e handed oer %er"ified %o5ies of
%all de"ails re%ord of *oile No. 9818981809 of one 'hri ?i"ender (#*ar
and *oile No.981832&& of 4ardee5 (#*ar !agar 5er"aining "o "he
5eriod 1.1.2008 "o 31.3.2008 ide 5rod#%"ion,%#*,sei>#re *e*o da"ed
9.6.2008 *.%/5520 whi%h ears his signa"#re. -e also handed oer %ell
I! %har" of "he %o*5any+ %o5ies of s#s%rier for*s and I! 5roof
do%#*en"s "hro#gh 5rod#%"ion,%#*,sei>#re *e*o da"ed 9.6.2008 whi%h
is now *.%/5523 and ears his signa"#re. :he #n%h of %all de"ails
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
46/158
CBI Vs Vijay Bhardwaj
6
re%ords of *oile No.9818981809 iss#ed in "he na*e of ?i"ender (#*ar
is *.%/5526+whi%h ears "he s"a*5 of "he %o*5any as well as his
signa"#res on ea%h 5age. 'i*ilarly+ he also handed oer "he #n%h of %all
de"ails re%ords of *oile No. 981832&& iss#ed in "he na*e of 4ardee5
(#*ar !agar is *.%/5525 and ears "he s"a*5 of "he %o*5any as well
as his signa"#res. :he ir"el 5re5aid enroll*en" for* in res5e%" of *oile
No.9818981809 of ?i"ender (#*ar wi"h 5ho"o %o5y of I! 5roof is now
%olle%"iely eDhii"ed as *.%/5524. :he ir"el 5re5aid enroll*en" for*
in res5e%" of *oile No.981832&& of 4ardee5 (#*ar !agar wi"h 5ho"o
%o5y of I! 5roofs is now %olle%"iely eDhii"ed as *.%/5521. :he #n%h
of %ell I! %har" r#nning in"o 89 5ages is now %olle%"iely eDhii"ed as
*.%/5528 and i" ears his signa"#re and seal of "he %o*5any on ea%h
5age.
&7. :he 5rose%#"ion has f#r"her eDa*ined %/-54 %a@an
Kumar (arg son of ate Shri )..(arg, resident of !-341, SuraB )al
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
47/158
CBI Vs Vijay Bhardwaj
7
his %o*5any ' er '5ring :rading Co*5any. ;n one o%%asion+ C4
)ajir 'ingh %alled hi* in his offi%e and on showing inaili"y+ he
"hrea"ened hi* wi"h dire %onseA#en%es #" neD" *orning fel" sorry. :he
wi"ness was de%lared hos"ile and was %ross,eDa*ined y learned '5e%ial
44 for "he CBI.
&8. :he 5rose%#"ion has f#r"her eDa*ined %/-51 +eeraB
hakur son of ate Shri S.R.hakur+ who has de5osed "ha" in "he year
2008+ he was woring as 'enior '5e%ial Corres5onden" in :V Channel
Gee News. -e had joined "he ines"iga"ion of "his %ase. -e iden"ified
*e*o *.%/5120 da"ed 16.6.2008 whi%h was 5re5ared in fron" of hi*
and i" ears his signa"#re. !hara*ir 'har*a+ who was also woring as
re5or"er in Gee News for /#rgaon and he was re5or"ing "o hi*. ;n "he
day of in%iden"+ "he eDa%" da"e he do no" re*e*er+ !hara*ir 'har*a
had infor*ed hi* ao#" one in"eriew he had "aen and la"er,on+ one C!
in original was sei>ed fro* !hara*ir 'har*a y CBI in his 5resen%e.
:he o"her C! said "o e "he %o5y of "he sa*e was also sei>ed for
ines"iga"ion 5#r5ose. :he C! was also dis5layed in "he offi%e and
"rans%ri5" *.%/5123 was also 5re5ared in his 5resen%e whi%h ears his
signa"#re.
&9. :he 5rose%#"ion has f#r"her eDa*ined %/-58 Ashok %al son
of Shri Jagdish %al, resident of #ouse +o.005, (ita *nclave, +e@
'elhi. :his wi"ness has de5osed "ha" he was woring in I*5or"D5or"
%o*5any #nder "he na*e and s"yle of er '5ring :rading 4". ="d. fro*
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
48/158
CBI Vs Vijay Bhardwaj
8
ar%h+ 2006 "o ?an#ary+ 2008. :he %o*5any was haing i"s offi%e a" C,
2+ =aj5a" Nagar+ New !elhi. :he %o*5any was haing "wo !ire%"ors
na*ely Vinod and s. )eha 'engar. :he said %o*5any was #nder
effe%"ie %on"rol of C4 )ajir 'ingh. Vinod was friend of C4 )ajir
'ingh and s. )eha was his se%ond wife. Vinod lef" "he %o*5any in "he
year 2007 and he was re*oed y C4 )ajir 'ingh sin%e de%eased and
"hereaf"er+ "he %o*5any al*os" s"o55ed. -e nows a%%#sed Vijay
Bhardwaj. %%#sed Vijay Bhardwaj #sed "o isi" offi%e of C4 )ajir
'ingh si"#a"ed a" C,&+ =aj5a" Nagar+ New !elhi. :hey #sed "o *ee" a"
se%ond floor. In his 5resen%e also+ a%%#sed Vijay Bhardwaj isi"ed in his
offi%e and in "he asen%e of C4 )ajir 'ingh. ;n o"h "he o%%asions+
a%%#sed Vijay Bhardwaj handed oer %ash "o hi* a*o#n"ing "o 30.00₹
la%s a55roD. and sa*e was handed oer "o hi* y C4 )ajir 'ingh. :his
wi"ness was de%lared hos"ile.
60. :he 5rose%#"ion has f#r"her eDa*ined %/-57 Ravi Sharma
son of ate Shri !an@ari al Sharma. :his wi"ness is ro"her,in,law of
a%%#sed Vijay Bhardwaj. -e has de5osed "ha" (rishana was seran" of
Vijay Bhardwaj. -e was de%lared hos"ile and was %ross,eDa*ined y
learned 44 for "he CBI.
61. :he 5rose%#"ion has f#r"her eDa*ined %/-5;
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
49/158
CBI Vs Vijay Bhardwaj
9
*ae his fa"her as 5ar"ner. ;ne ;* 4arash was 5ar"ner in "he fir*. -e
had resigned fro* "he fir* in "he year 2007. :his wi"ness was de%lared
hos"ile and was %ross,eDa*ined y learned '5e%ial 44 for "he CBI.
62. :he 5rose%#"ion has f#r"her eDa*ined %/-49 Jagpal Yadav
E Jaggu son of Jit Ram Yadav resident of Sikandarpur (hoshi %S
'> (urgaon. :his wi"ness has de5osed "ha" he new a%%#sed 5resen" in
"he %o#r". :hey had *oney "ransa%"ions. !#e "o "he in%iden"+ a%%#sed
%o#ld no" 5ay hi* a% 6.00 la%s. arlier re5ea"edly he had isi"ed "he₹
offi%e of a%%#sed for de*anding *oney and also #sed "o %all hi* for
re"#rn of a*o#n". ;n 2.3.2008+ he had *ade a %all "o "he a%%#sed a"
ao#" 9.009.10 5.*. #" "he a%%#sed did no" 5i% "he*.
63. :he 5rose%#"ion has f#r"her eDa*ined %/-40 'haram?ir
Sharma son of Shri Chetan 'ev Sharma, resident of #ouse +o.A-03,
SanBa$ (ram, =ld 'elhi Road, (urgaon. :his wi"ness has de5osed "ha"
he was )e5or"er in Gee News sin%e #g#s"+200&. In "he year 2008+ he
was %orres5onden" %oering "he area of /#rgaon+ 'o#"h -aryana and I/I
ir5or". -e has one ro"her na*ely (rishan (#*ar+ who is elder "o hi*
and deals in #ilding *a"erial. -is ro"her@s offi%e was si"#a"ed in 4yare
=al B#ilding+ ahra#li )oad+ /#rgaon. ;n 2.3.2008+ a" ao#"
11.0011.30 5.*. when he was in "he area of II' Flyoer in !elhi+ he
re%eied a %all on his *oile "ele5hone No.9873692600 fro* *oile
5hone No.9811999. :he %aller "old "ha" *#rder had "aen 5la%e in
/#rgaon and ased hi* if he wo#ld lie "o %oer "he news. Calls were
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
50/158
CBI Vs Vijay Bhardwaj
&0
*ade "hree "i*es y "he sa*e 5erson fro* sa*e *oile n#*er. ;n "hird
o%%asion+ "he %aller "old "ha" *#rder of 5oli%e 5ersonnel had "aen 5la%e.
-e has ased "he %aller "o s#rrender in fron" of *edia and wan"s "o "ell
so*e"hing. -e ased hi* "o *ee" hi* a" 'igna"#re :ower a" /#rgaon.
:hereaf"er+ he %on"a%"ed his offi%e si"#a"ed a" Noida and as 5er adise of
res" offi%ers+ re5or"ed "he *a""er "o "he 5oli%e and "hereaf"er+ he %on"a%"ed
'hri '#*i" (#*ar+ C4 !=F /#rgaon and reA#es"ed hi* "o rea%h
'igna"#re :ower wi"hin "he area of 'o#"h Ci"y Chow. :hereaf"er+ he
%alled o"her 5ress %olleag#es na*ely 'anjay :yagi of NI and )aj Ver*a
of aj :a and inA#ired fro* "he* if so*e *#rder had "aen 5la%e in
/#rgaon and "hey s"a"ed "ha" "hey had no s#%h infor*a"ion. :hereaf"er+ no
%onersa"ion "oo 5la%e e"ween hi* and a%%#sed Vijay Bhardwaj on
"ele5hone. %%#sed infor*ed hi* ao#" his lo%a"ion and he "old "ha" he is
ao#" "o rea%h a" 'o#"h Ci"y Chow. %%#sed "old "ha" if he wan"+ "hen he
%o#ld *ee" hi* a" order. -e ref#sed and %oneyed "ha" he will *ee" only
a" 'o#"h Ci"y Chow. :hereaf"er+ he rea%hed 'o#"h Ci"y %how alongwi"h
anoj+ Ca*era*an. ;n asing+ a%%#sed Vijay Bhardwaj infor*ed "ha" he
was %o*ing all alone in @Verna@ %ar. ;n f#r"her asing+ a%%#sed "old "ha"
"he *#rder had "aen 5la%e y firing. -e ased "he a%%#sed "o %o*e o#"
fro* %ar and wo#ld rea%h a" 4e"rol 4#*5 where "here were s#ffi%ien"
ligh"s. -e had no o"her "al wi"h hi* a" "ha" "i*e and he had no" dis%losed
any"hing else "o hi*. :hereaf"er+ he again *ade a %all "o C4 '#*i" and
"hereaf"er rea%hed 4e"rol 4#*5 y oer"aing "he %ar of Vijay Bhardwaj.
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
51/158
CBI Vs Vijay Bhardwaj
&1
-e had ased his Ca*era*an "o swi"%h on "he %a*era and f#r"her dire%"ed
hi* "o ee5 on "he %a*era r#nning no *a""er wha" ha55ened.
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
52/158
CBI Vs Vijay Bhardwaj
&2
ody of sa*e des%ri5"ion as "old y his seniors. In "he *ean,while+ r.
ohinder =al arried and %onfir*ed "hro#gh in"eriew "ha" i" was dead
ody of C4 )ajir 'ingh. :hereaf"er+ he infor*ed his -ead offi%e "ha"
news ao#" of *#rder of C4 )ajir 'ingh was %onfir*ed y
Co**issioner of 4oli%e+ /#rgaon and "hey %an "ele%as" "he news i"e*.
:he ;B an had also arried a" "he s5o". -e sen" "he in"eriew re%orded
y hi* of a%%#sed Vijay Bhardwaj and Co**issioner of 4oli%e "hro#gh
;B Van "o his offi%e for "he 5#r5ose of "ele%as". In"eriew was ideo
re%orded y %a*era *an. :hereaf"er+ "ha" "a5e was inser"ed in "he ;B Van
and "hro#gh sa"eli"e dier"ed "o "heir offi%e and i" was eing dire%"ly
"ele%as" fro* ;B Van. ;B Van *eans o#" s"a"ion Broad Cas"ing Van. -e
had no" gien any C! "o /#rgaon 5oli%e. CBI had %on"a%"ed hi* in
res5e%" of "his %ase. -e was joined in "he ines"iga"ion y CBI. )e%ording
da"ed 2.3.2008 on a C! was gien "o CBI whi%h is *.%/5120 whi%h
ears his signa"#re. C! was dis5layed y CBI offi%ial and i"s "rans%ri5"
was 5re5ared as *.%/5123 whi%h also ears his signa"#re. :he wi"ness
iden"ified C! as *.%/402A af"er "he sa*e was "aen o#" fro* sealed
5ar%el. -is "ele5hone n#*er was 5roided y his ro"her sho
Bhardwaj and fro* "here "o Vijay Bhardwaj a%%#sed. -oweer+ "his
wi"ness was de%lared hos"ile and was %ross,eDa*ined y '5e%ial 44 for
"he CBI. :his wi"ness has de5osed "ha" C! in %o#r" is original C!.
6. :he 5rose%#"ion has f#r"her eDa*ined %/-43 )anoB
Shikar@ar, Assistant Commandant, % !+, I!%, Chandigarh . :his
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
53/158
CBI Vs Vijay Bhardwaj
&3
wi"ness has de5osed "ha" in "he year 2008+ he was 5os"ed as ?#nior
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
54/158
CBI Vs Vijay Bhardwaj
&
de5osed "ha" he has joined his d#"y in 5oli%e de5ar"*en" on 1&.10.1998.
;n 16"h ay+ 2008+ while he was 5os"ed in 4' Ciil =ines+ /#rgaon+ he
re*ained asso%ia"ed in %onne%"ion wi"h C4 )ajir 'ingh@s *#rder %ase.
;n "ha" day+ a %o*5a%" dis% rela"ing "o *#rder %ase of )ajir 'ingh was
5rod#%ed y !hara*ir 'har*a and was "aen in"o 5oli%e 5ossession ide
sei>#re *e*o *.%/08202 whi%h ears his signa"#re. -e has seen "he
said sei>#re *e*o.
66. :he 5rose%#"ion has f#r"her eDa*ined %/-45 Consta?le
RaBesh Kumar +o.0163, %S S*ctor-07, (urgaon. :his wi"ness has
de5soed "ha" he re*ained 5os"ed in 4' Ciil =ines + /#rgaon. ;n
28.3.2008+ a%%#sed Vijay Bhardwaj was in"erroga"ed y 'I (rishan
(#*ar and he s#ffered dis%los#re s"a"e*en" *.%/0821 a""es"ed y hi*.
In 5#rs#an%e of "ha" dis%los#re s"a"e*en"+ one regis"er and s#i%ide no"e
was re%oered y Vijay Bhardwaj fro* his offi%e. :he re%oered re%ord
was %oner"ed in"o sealed 5ar%el and sealed wi"h "he seal of @B'@ and
sei>#re *e*o *.%/082; was 5re5ared.
67. :he 5rose%#"ion has f#r"her eDa*ined %/-44 Krishan
Kumar (upta son of ate Shri
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
55/158
CBI Vs Vijay Bhardwaj
&&
an in"eral of half an ho#r+ howeer+ i" was dar. -e 5roided wa"er "o
hi*+ swi"%h on "he ir Condi"ioner and %a*e o#" fro* "he offi%e. f"er
asing =aD*an "o 5#" his i%y%le in "he offi%e. -e had #sed a *o"o%y%le
Ha*ha "o go "o his ho#se. -e had j#s" rea%hed a a"%ha ras"a si"#a"ed a"
ao#" 20 fee" fro* "he offi%e and he s5o""ed "wo 5ersons en"ering in"o "he
offi%e of Vijay Bhardwaj. Finally he lef" for his ho*e on his *o"or%y%le.
:his wi"ness was de%lared hos"ile a" "he reA#es" of learned 44 for "he CBI
wand was %ross,eDa*ined y hi*.
68. :he 5rose%#"ion has f#r"her eDa*ined %/-41 'r. Sahi?
Singh Chandana, Assistant 'irector Serolog$, >orensic Science
a?orator$, )adhu?an Karnal. :his wi"ness has de5osed "ha" he is
ssis"an" !ire%"or 'erology+ F'=+ adh#an+ (arnal. -e de5osed "ha" on
02.0&.2008+ eigh" sealed 5ar%els were re%eied in serology diision. -e
o5ened "hese 5ar%els and 5#" "he eDhii"s for eDa*ina"ion for
de"er*ina"ion of lood origin e"%. and re5or" was 5re5ared. -e has seen
re5or" *.%/4120whi%h ears his signa"#re.
69. :he 5rose%#"ion has f#r"her eDa*ined %/-48 RaBiv )ishra
%S Amar Colon$, +e@ 'elhi. :his wi"ness has de5osed "ha" earlier he
was 5os"ed in 3rd Ba"alion Vias 4#ri in "he year 1997,98. :hereaf"er+ he
was "ransferred "o '! and re*ained 5os"ed "here #5 "o 200. -e re*ained
5os"ed as nifor* 4'; wi"h 'hri )ajir 'ingh+ C4 for ao#" 2 years.
s 5er r#le+ he had "o a%%o*5any "he offi%er for who* he was e*5loyed.
'hri )ajir 'ingh always lie "o hae ano"her 4';s wi"h hi*. s and
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
56/158
CBI Vs Vijay Bhardwaj
&6
when %alled+ he #sed "o a%%o*5any hi*. ;ne Ciil 4'; always #sed "o
a%%o*5any 'hri )ajir 'ingh+ C4. s#ally+ he along,wi"h o"her #nifor*
4';s a%%o*5any "he es%or". s and when dire%"ed any #nifor* 4';
a%%o*5any C4 )ajir 'ingh+ 'hri )ajir 'ingh #sed "o isi" his ho#se a"
'hiaji Nagar+ /#rgaon+ where his old 5aren"s #sed "o reside. -e #sed "o
a""end offi%e+ 5oli%e -eadA#ar"ers and %o#r"s. -e also #sed "o isi"
'#shan" =o+ /#rgaon+ where his ho#se was #nder %ons"r#%"ion. Vijay
Bhardwaj a%%#sed #sed "o isi" his residen%e. C4 )ajir 'ingh *igh"
hae een isi"ing Vijay Bhardwaj. -e %a*e "o now fro* news so#r%es
"ha" C4 )ajir 'ingh had een *#rdered y Vijay Bhardwaj. No
en%o#n"er had "aen 5la%e wi"h "he %ri*inals in his 5resen%e. :his wi"ness
has de%lared hos"ile a" "he reA#es" of learned 44 for "he CBI and was
%ross,eDa*ined y hi*.
70. :he 5rose%#"ion has f#r"her eDa*ined %/-47 Shri (ulshan
Rai, 'eput$ 'irector, >orensic Science a?, #ar$ana )adhu?an
Karnal. -e f#r"her de5osed "ha" in "his %ase+ he had eDa*ined -indi and
nglish wri"ings and nglish signa"#res whi%h were *ared y hi* as ,
1 "o ,6 on 5age Nos.193 "o 196+ 203 and 20 in loose folders of 5age
Nos. 193 "o 20 of a long regis"er *.%/4720 to *.%/4721. -e had
also eDa*ined "he serra"ions in holes of folders of 5age Nos. 193 "o 20
*ared y hi* as ),1. -e had also eDa*ined "he re*nan"s of 5ages
*ared ),2 agains" folders of 5age Nos.192+ 20& in a long regis"er
*ared ) *.%/4728 and of 'anjay Bhardwaj+ Vijay and sso%ia"es. -e
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
57/158
CBI Vs Vijay Bhardwaj
&7
had also eDa*ined "he s5e%i*en wri"ings and signa"#res whi%h were
*ared y hi* as ',1 "o ',& and ',11 "o ',31 s"a"ed "o e of 'hri Vijay
Bhardwaj and now *.%/4727 "o *.%/47203 and *.%/47206 "o
*.%/47204. -e f#r"her de5osed "ha" af"er "he %aref#l and "horo#gh
s%ien"ifi% eDa*ina"ion of all "he s"andards and dis5#"ed wri"ing and
signa"#res as well as serra"ions+ he had s#*i""ed his o5inion F'= -
No.08!;C',2068 da"ed &"h ?#ne+2008 whi%h is *.%/47201+ whi%h r#ns
in"o "hree 5ages and ears his signa"#re on all "he 5ages. -is re5or"
%on"ained "he de"ailed reasons #5on whi%h he had for*ed his o5inion. -e
f#r"her de5osed "ha" in his o5inion+ i "he s"andard wri"ings signa"#res
s"a*5ed and *ared '1 "o '&+ '11 "o '31 *.%/4727 to *.%/47204
s"a"ed "o e of Vijay Bhardwaj and A#es"ioned wri"ingssigna"#res
*ared ,1 "o ,6 *.%/4720 to *.%/4721 all hae een wri""en y
one and "he sa*e 5ersonL ii Based #5on "he osera"ions a "he si>e of
"he holes of folders of 5age No.s 193 "o 20 loose 5ages *ared )1
*.%/4720 to *.%/4721 and si>e of "he re*nan"s of 5ages *ared )2
agains" folder of 5ages No.192+ 20& in "he regis"er *ared ) D.4e of "he shee"s in folders earing Nos. 193 "o
20+ "heir "hi%ness+ "in"+ V fl#ores%en%e and r#lings are si*ilar "o "ha"
of res" of "he shee"s in regis"er *ared )+ he is of "he o5inion "ha" "he
shee"s in "he folders earing Nos. 193 "o 20 *.%/4720 to *.%/4721"
had formed part of the register marked R *.%/4728".
71. :he 5rose%#"ion has f#r"her eDa*ined %/-4; Sultan Singh,
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
58/158
CBI Vs Vijay Bhardwaj
&8
retd. I%S resident of #ouse +o.838, Sector-7, Karnal. :his wi"ness has
de5osed "ha" on 29"h ar%h+ 2008+ he was 5os"ed as Co**andan" of 2nd
Ba"alion -4+ adh#an. -e f#r"her de5osed "ha" on "ha" day+a
%onfiden"ial le""er was re%eied fro* !C4 S #ar$ana )adhu?an.
-e is woring as ssis"an" !ire%"or Ballis"i%s a" F'=+ -aryana adh#an
fro* 5ril+ 200& and 'enior '%ien"ifi% ;ffi%er Ballis"i%s fro* ?an#ary +
1986. -e had eDa*ined and re5or"ed ao#" 7000 firear*s and eD5losie
%ases of -aryana and neigho#ring '"a"es d#ring "his 5eriod and isi"ed
n#*er of s%enes of %ri*e and a55eared as eD5er" wi"ness in ario#s
%o#r"s of -aryana+ !elhi and neigho#ring '"a"es. -e has ao#" 16
5#li%a"ions in Indian and Foreign ?o#rnals. -e f#r"her de5osed "ha" in
"his %ase+ on 2&.3.2008+ he isi"ed "he 5la%e of o%%#rren%e alongwi"h his
"ea* a" ao#" 1.30 5.*. >ollo@ing o?servations were *ade a" "he 5la%e
of o%%#rren%e.
1 5ool of lood was lying 5resen" in sho5 Vijay
sso%ia"es. )o#gh se"%h of "he 5la%e of
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
59/158
CBI Vs Vijay Bhardwaj
&9
o%%#rren%e was also 5re5ared y hi* and is shown
in 55endiD,I of his re5or". )o#gh se"%h is
*.%/1920+ whi%h ears his signa"#re a" 5oin" .
:he 5la%e of o%%#rren%e was also 5ho"ogra5hed and
"he 5ho"ogra5hs are *.%/1923 to *.%/19201+
whi%h ear his signa"#res on ea%h 5age. C4 'hri
)ajir was s"a"ed "o e si""ing on %hair a" 5la%e in
*y se"%h and fell down af"er #lle" inj#ries.
2 .32K fired defor*ed and *#"ila"ed #lle" was
re%oered lying on "he "ale glass near "he hole on
"he "ale glass.
3 :he "ale glass was fo#nd da*aged and a hole was
fo#nd 5resen" in "he "ale glass. )adial and
%on%en"ri% fra%"#res were fo#nd 5resen" in "he glass
shee".
no"her #lle" of lead .32K reoler #lle" was
re%oered fro* "he head res" of "he %hair lying on
"he o"her side of "he "ale a" 5la%e B shown in "he
se"%h.
&:he sho5 was "horo#ghly sear%hed for any fired
%ar"ridges %ase#lle" e"%. #" no *ore
%ar"ridge#lle" %o#ld e re%oered.
6:he #lle"s re%oered fro* "he s5o" were handed
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
60/158
CBI Vs Vijay Bhardwaj
60
oer "o 'hri :ahir -#ssain+ Ins5e%"or '-; Ciil
=ine+ /#rgaon.
;sera"ions fro* "he eDa*ina"ion of 5os",*or"e* re5or" of
"he de%eased are as follows$,
1s 5er "he 4) of 'hri )ajir 'ingh+ a "ri,redially
s"ar sha5e firear* wo#nd was fo#nd 5resen" on
#55er *edial fron" of "he forehead. No la%ening+
"a""ooing or 5owder effe%" was fo#nd 5resen" on "he
inj#ries of si>e 1.& E 1.& %*.
2 %ir%#lar wo#nd of si>e 1 %*. dia. was fo#nd
5resen" on "he #55er *iddle a% of "he head.
3 hori>on"ally 5la%ed la%era"edgra>ed wo#nd was
also 5resen" on "he lef" side of "he head .& %*.
aoe "he #55er 5ar" of "he lef" 5inna.
:he wo#nds were also eDa*ined in ideo fil* of
"he a#"o5sy of 'hri )ajir 'ingh+ C4.
;sera"ions fro* eDa*ina"ion of %lo"hes of a%%#sed Vijay
Bhardwaj are as follows$,
1:he shir" of a%%#sed Vijay Bhardwaj was eDa*ined
for "he 5resen%e of g#n sho" resid#es in "he
=aora"ory. Ni"ri"e was fo#nd 5osi"ie on "he fron"
side of "he shir" of a%%#sed Vijay Bhardwaj.
Inferen%e$ Based on "he aoe osera"ions+ his inferen%es were
as #nder$,
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
61/158
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
62/158
CBI Vs Vijay Bhardwaj
62
5roje%"ile.
Ni"ri"e was de"e%"ed fro* "he shir" of a%%#sed Vijay
Bhardwaj %on"ained in 5ar%el No.VII.
f"er eDa*ina"ion+ "he eDhii"s were resealed alongwi"h "he
original wra55ers wi"h "he seal of .! Ball F'= -. -is re5or" in "his
%ase is *.%/19208+ whi%h ears his signa"#re.
73. :he 5rose%#"ion has f#r"her eDa*ined %/-10 a$ak Ram
son of late Shri &mar Singh, retd. Inspector C!I resident of
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
63/158
CBI Vs Vijay Bhardwaj
63
regis"ra"ion of "he %ase i.e. on 3rd of ?#ne+ 2008+ as 5er ins"r#%"ions of
'hri Nirhay (#*ar CI;+ he re%eied do%#*en"s and ar"i%les fro* 'hri
(ishan !e+ '# Ins5e%"or who was ines"iga"ing ;ffi%er of "his %ase
ide 5rod#%"ion,%#*,re%ei5" *e*o da"ed 3.6.2008. -e f#r"her de5osed
"ha" "his *e*o is *.%/1320+ whi%h ears his signa"#re. f"er re%ei5" of
"hese do%#*en"s+ he handed oer "he sa*e "o "he CI; of "he %ase. 'hri
(rishan !e has also signed on ea%h 5age si*#l"aneo#sly wi"h hi*. -e
also re%eied a %hair ide 5rod#%"ion,%#*,re%ei5" *e*o *.%/1323
da"ed 3.6.2008 fro* 'hri (rishan !e+ '# Ins5e%"or 4' Ciil =ine+
/#rgaon. :his *e*o also ears his signa"#re as well as of (rishan !e+
'# Ins5e%"or. f"er re%ei5" of "he sa*e+ "his %hair was also handed oer
"o "he CI; of "he %ase. ;n "he ins"r#%"ions of "he CI;+ he had also
eDa*ined 'hri (rishan !e+ '# Ins5e%"or 4' Ciil =ines+ /#rgaon and
re%orded "he s"a"e*en" #nder 'e%"ion 161 Cr.4.C. %orre%"ly as 5er "he
ersion of "he wi"nesses wi"ho#" any addi"ion or o*ission on his 5ar" on
"he sa*e day i.e. on 3.6.2008. -e also isi"ed "he s%ene of %ri*e i.e.
offi%e of "he a%%#sed Vijay Bhardwaj si"#a"ed a" ehra#li )oad+ o55osi"e
'BI+ /#rgaon. -e also 5re5ared "he sei>#re,%#*,osera"ion *e*o
*.%/1326+ whi%h ears his signa"#re as well as "he signa"#re of CI;
and o"her offi%ers and inde5enden" wi"ness.
7&. :he 5rose%#"ion has f#r"her eDa*ined %/-16 '.).Sharma,
'S% Interpol C!I +e@ 'elhi. :his wi"ness has de5osed "ha" d#ring
?#ne+ 2008+ he was 5os"ed as Ins5e%"or in '5e%ial Cri*e Bran%h+ CBI+
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
64/158
CBI Vs Vijay Bhardwaj
6
New !elhi. "ea* was %ons"i"#"ed y !I/+ 'C),III for ines"iga"ion of
"his %ase as Chief I; of "he %ase was 'hri Nirhay (#*ar+ ddl. '4. ;n
his ins"r#%"ions+ he sei>ed do%#*en"s fro* 'hri ).(.'ingh+ offi%ial of
Bhar"i ir"el ="d. New !elhi in res5e%" of *oile No.9818981809 ide
5rod#%"ion,%#*,sei>#re *e*o da"ed 9.6.2008 *.%/5520+ whi%h ears
his signa"#re. :he de"ails of "he do%#*en"s are *en"ioned in "he *e*o
*.%/5520. -e also sei>ed do%#*en"s 5er"aining "o *oile
No.981832&& fro* 'hri ).(.'ingh+ offi%ial of Bhar"i ir"el ="d. New
!elhi in res5e%" of *oile No. 981832&& ide 5rod#%"ion,%#*,sei>#re
*e*o da"ed 9.6.2008 *.%/5523+ whi%h ears his signa"#re. :he de"ails
of "he do%#*en"s are *en"ioned in "he *e*o *.%/5523. -e f#r"her
de5osed "ha" he had sei>ed do%#*en"s 5er"aining "o *oile
Nos.9811999+ 9873919999+ 9999998901+ 9899999900 and
9811321030 fro* 'hri /#lshan rora+ offi%ial of Vodafone+ New !elhi
ide 5rod#%"ion,%#*,sei>#re *e*o da"ed 10.6.2008 *.%/5620+ whi%h
ears his signa"#re. :he de"ails of "he do%#*en"s are *en"ioned in "he
*e*o D.4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
65/158
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
66/158
CBI Vs Vijay Bhardwaj
66
(rishan (#*ar+ whi%h were "aen in his 5resen%e. ;n reA#es" of Ins5e%"or
'a"ya 4al+ %er"ified %o5y of "he s"a"e*en" #nder 'e%"ion 16 Cr.4.C. was
5roided "o hi* and "he original was sealed y hi* in an enelo5e and
was sen" a% "o learned C?+ /#rgaon.
77. :he 5rose%#"ion has f#r"her eDa*ined %/-14 Shri Ram
Chander (arvan, 'S% C!I Special Crime-III, 'elhi. :his wi"ness has
de5osed "ha" in ?#ne+ 2008+ he was 5os"ed as Ins5e%"or CBI 'CB+ !elhi.
-e re%eied order fro* "he '4+ CBI "o assis" 'hri Nirhay (#*ar+ "he "hen
ddl. '4 CBI in ines"iga"ion of )C No.'2008+ 'CB+ !elhi. -e
f#r"her de5osed "ha" d#ring ines"iga"ion+ he re%orded "he s"a"e*en"s of
'hri sho (#*ar 4a#l *.%/5820+ 'hri Vinod (#*ar *.%/5;20 and
4awan (#*ar /arg *.%/5420. -e had re%orded "he aoe s"a"e*en"s
%orre%"ly+ wi"ho#" any addi"ion or al"era"ion as s"a"ed y "he*. -e had also
%orre%"ly re%orded "he *ared 5or"ions in *.%/5820, *.%/5;20 and
*.%/5420.
78. :he 5rose%#"ion has f#r"her eDa*ined %/-11 Shri Arvind
Jaitle$, Inspector C!I SC-II, +e@ 'elhi. :his wi"ness has de5osed "ha"
he was *e*er of "he ines"iga"ion "ea* of %ase )C No.'2008 and he
5ar"ly ines"iga"ed "he %ase as and when dire%"ed y "he I; 'hri Nirhay
(#*ar. !#ring ines"iga"ion+ he re%orded s"a"e*en"s of 'hri 'andee5
'har*a *.%/602A and 'I 'a" 4al 'ingh of !elhi 4oli%e D.4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
67/158
CBI Vs Vijay Bhardwaj
67
*.%/602A and *.%/6720. -e f#r"her de5osed "ha" d#ring
ines"iga"ion+ he also sei>ed "he C! 5er"aining "o "he in"eriew of a%%#sed
Vijay Bhardwaj fro* !hara*ir 'har*a+ re5or"er Gee News on
16.06.2008. -e f#r"her de5osed "ha" "he *e*o 5er"aining "o
sei>#rehanding oer"aing oer *e*o %on"ained his signa"#re. :he C!
was 5layed and a "rans%ri5" of "he in"eriew was also 5re5ared efore
sei>ing and sealing "he sa*e. -e f#r"her de5osed "ha" "he "rans%ri5"
*.%/5123 %on"ained his signa"#re.
79. :he 5rose%#"ion has f#r"her eDa*ined %/-18 Sat %al,
Inspector C!I, +e@ 'elhi. :his wi"ness has de5osed "ha" in "he year
2008+ he was 5os"ed as Ins5e%"or in '5e%ial Cri*e Bran%h+ CBI !elhi. -e
f#r"her de5osed "ha" he was *e*er of "he ines"iga"ion "ea* and he
re%orded "he s"a"e*en"s of !r. #esh )a* 4al+ -C =ill# )a* and
'anjay Bhardwaj %orre%"ly wi"ho#" addi"ion and al"era"ion as "old y
"he*. -e also ins5e%"ed "he s5o" on 3.6.2008 along wi"h o"her "ea*
*e*ers and CF'= C4
*e*o *.%/1326. -e f#r"her de5osed "ha" he also go" re%orded "he
s"a"e*en" of 'hri (ishan (#*ar /#5"a #nder 'e%"ion 16 Cr.4.C. -e
f#r"her de5osed "ha" "he a55li%a"ion for ge""ing "he sa*e re%orded is
*.%/1820 whi%h is signed y hi*. -e also iden"ified 'hri (ishan
(#*ar /#5"a and his signa"#re in *.%/142C.
80. :he 5rose%#"ion has f#r"her eDa*ined %/-17 K.S.+egi,
'$.S% C!I SC-III, +e@ 'elhi. :his wi"ness has de5osed "ha" in "he year
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
68/158
CBI Vs Vijay Bhardwaj
68
2008+ he was 5os"ed as Ins5e%"or in CBI+ 'CB,I ran%h+ New !elhi. -e
was 5ar" of "he "ea* whi%h was for*ed "o ines"iga"e "he 5resen" %ase.
!#ring ines"iga"ion+ he eDa*ined wi"nesses na*ely (a5il Bhardwaj son
of la"e (h#shi )a*+ shri an*ohan+ 'hri ?ag5al Hada P ?agg#+ )ai
'har*a+ '#hash /#r#*a"a+ '#resh 'e"ia+ Vishal Nagra and 'a"ish
(#*ar and re%orded "heir s"a"e*en"s as "old y "he* wi"ho#" any addi"ion
or al"era"ion. -e also re%eied one nion Ban of India %heA#e and "wo
sli5s regarding re"#rn of said %heA#e as #n5aid d#e "o ins#ffi%ien" f#nds
ide re%ei5" *e*o *.%/1720 fro* r. )a*esh Chand+ whi%h ears his
signa"#re. -e f#r"her de5osed "ha" "he %heA#e N;.19872 da"ed 10.7.2007
is *ar %/172A and *e*os of ins#ffi%ien" f#nds are *ar %/172! and
%/172C.
81. :he 5rose%#"ion has f#r"her eDa*ined %/-1; 'eepti
&mashankar, Joint Secretar$, Services and
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
69/158
CBI Vs Vijay Bhardwaj
69
82. :he 5rose%#"ion has f#r"her eDa*ined %/-89 +ir?ha$
Kumar, S% *conomic =ffences-II, C!I, 'elhi. :his wi"ness has
de5osed "ha" in ?#ne+ 2008+ he was 5os"ed as ddi"ional '#5erin"enden"
of 4oli%e in '5e%ial Cri*e Bran%h+ CBI+ !elhi. -e f#r"her de5osed "ha" in
?#ne+ 2008+ he was 5os"ed as ddi"ional '#5erin"enden" of 4oli%e in
'5e%ial Cri*e Bran%h+ CBI+ !elhi. 4#rs#an" "o "he no"ifi%a"ions iss#ed y
/o". of -aryana #nder 'e%"ion 6 of !'4 %" and /o". of India #nder
'e%"ion & of !'4 %"+ "he FI) earing no.'2008 da"ed 2.6.2008 was
regis"ered in 'CB,1 CBI New !elhi and "he ines"iga"ion was en"r#s"ed "o
hi*. -e re%ogni>ed "he signa"#res of "he "hen '4 'hri '? /illani on FI)
whi%h is *.%/8920. f"er "he regis"ra"ion of "he %ase+ a "ea* was
%ons"i"#"ed for assis"ing hi* d#ring "he %o#rse of ines"iga"ion and i"
%o*5rised of ''hri Ins5e%"or (.'.Negi+ )a*esh (#*ar+ =aya )a*+
'a"5al+ ).(.?ha e"%. e"%. for "he ins5e%"ion of s%ene of %ri*e y forensi%
eD5er"s+ seri%es of CF'= eD5er"s+ inde5enden" wi"nesses and C4
offi%ials were reA#isi"ioned. ;n 3.6.2008+ "he s%ene of %ri*e was
ins5e%"ed and a" "he ins"an%e of CF'= "ea*+ lood sa*5les fo#nd a" "he
s%ene of %ri*e were %olle%"ed. :he sei>#re,%#*,osera"ion *e*o
regarding "his ins5e%"ion and sei>#re was 5re5ared and "he sa*e is
*.%/1326. -e re%ogni>ed his signa"#re. ;n "he sa*e day+ i" was
infor*ed "ha" -C 'her 'ingh has %olle%"ed "he o5inion and "he eDhii"s of
F'= eD5er"s rela"ed "o "his %ase and a%%ordingly+ he was dire%"ed "o re5or"
"o hi* in "he offi%e. :he said F'= re5or" and eDhii"s were sei>ed ide a
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
70/158
CBI Vs Vijay Bhardwaj
70
5rod#%"ion,%#*,re%ei5" *e*o whi%h is *.%/8923. -e re%ogni>e his
signa"#re on "he las" 5age of *e*o. :he %ase 5ro5er"y of "his %ase whi%h
was sei>ed fro* "he lo%al 5oli%e was sen" "o CF'= ide le""er da"ed
&.6.2008 on whi%h he iden"ified "he signa"#re of "he "hen '4. :he le""er is
*.%/8925. !#ring "he %o#rse of ins5e%"ion of s%ene of %ri*e+ "he
C4
o5inion of "he eD5er"s were so#gh" y "he "hen '4 'hri '.?../illani. :his
le""er is *.%/8924. !#ring "he %o#rse of ines"iga"ion+ "he s"a"e*en"s of
ario#s wi"nesses whi%h in%l#ded "he friends and fa*ily *e*ers of "he
a%%#sed+ "he lo%al 5oli%e offi%ials who had %ond#%"ed "he ines"iga"ion of
"his %ase+ "hose who were aware of "he #siness and *one"ary dealings of
"he a%%#sed wi"h "he de%eased and o"her 5ersons e"%. were re%orded. :he
s"a"e*en" re%orded #nder 'e%"ion 16 Cr.4.C. of 'hri (rishan (#*ar+
seran" of a%%#sed Vijay Bhardwaj was also go" re%orded d#ring "he
%o#rse of ines"iga"ion. :he F'= re5or"s were also %olle%"ed and "aen on
re%ord in "his %ase. f"er "he %olle%"ion of relean" *a"erial+ "he CBI
findings were 5la%ed efore "he !e5#"y Co**issioner+ !is"ri%" /#rgaon+
-aryana ide le""er da"ed 1819.6.2008 y 'hri '? /illani+ "he "hen '4
CBI whose signa"#re he re%ogni>e of "his le""er whi%h is *.%/8921.
Vide "his le""er+ "he san%"ion for 5rose%#"ion in res5e%" of %o**ission of
offen%es #nder r*s %" was so#gh". :he san%"ion so re%eied was
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
71/158
CBI Vs Vijay Bhardwaj
71
s#*i""ed la"er,on in "he %o#r". ;n "he asis of *a"erial %olle%"ed in "his
%ase+ a %harge,shee" was filed agains" a%%#sed Vijay Bhardwaj whi%h is
*.%/8928 on whi%h he re%ogni>e his signa"#re. Ins5e%"or )a*esh
(#*ar who was 5ar" of "he "ea* and had 5ar"ly ines"iga"ed "he *a""er.
-e had re%orded "he s"a"e*en"s of wi"nesses na*ely ''hri =ahan 4al+
nil (#*ar+ 4#r#sho"a*+ ?aiir+ sho (#*ar+ nsh#l aheshwari+
Bhagwan !ass+ ahesh (#*ar+ )a*esh (a"aria+ -arhajan 'ingh+
!hara*ir 'har*a+ (rishan (#*ar /#5"a+ 'ha*ir 'ingh+ !har*ender
'a%hde+ !hara*ir 'agar+ '#*i" (#*ar+ C4+ 'I 'oha )a*+ ?awahar
'ingh 'I+ )ajender 'ingh+ (anwar 'ingh+ -C 'a"ish (#*ar+ anoj
(#*ar+ Cons"ale Bhagwan+ )ajesh (#*ar+ )a*esh (#*ar e"%. e"%.
%orre%"ly and wi"ho#" any addi"ion or al"era"ion. -e iden"ified his
signa"#re on all "he s"a"e*en"s re%orded y hi* and referred here,in,
efore. -e had also "aen in 5ossession do%#*en"s ide *e*o da"ed
.6.2008 *.%/8927+ *e*o da"ed 9.6.2008 *.%/320 and *e*o da"ed
11.6.2008 *.%/892;. -e re%ogni>ed "he signa"#re of 'hri )a*esh
(#*ar on "hese *e*os.
83. f"er %losing "he eiden%e of "he 5rose%#"ion+ s"a"e*en" of
a%%#sed #nder se%"ion 313 Cr.4.C. was re%orded.
8. Calling #5on "o lead defen%e eiden%e+ "he a%%#sed eDa*ined
'/-0 Shri Suresh Kumar, Consta?le +o.6111, %S Civil ines,
(urgaon. :his wi"ness has de5osed "ha" he has ro#gh" "he FI) regis"er
of 4oli%e '"a"ion Ciil =ines+ /#rgaon %on"aining FI) No.390 da"ed
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
72/158
CBI Vs Vijay Bhardwaj
72
19.12.2007 #nder 'e%"ions 20+67+68+71 I4C. f"er ines"iga"ion+ "he
%harge,shee" was filed in "he %o#r" a" /#rgaon. :he a%%#sed was a%A#i""ed
ide order da"ed 1.7.2009 5assed y "he %o#r" of 'hri !.N.Bhardwaj+
?#di%ial agis"ra"e Firs" Class+ /#rgaon. :he "r#e 5ho"o %o5y of "he FI)
and res#l" "hereof is *.'/02A whi%h is %orre%" as 5er "he regis"er whi%h
he has ro#gh". s 5er re%ord+ no a55eal was filed agains" "he j#dg*en"
da"ed 01.07.2009.
8&. %%#sed has eDa*ined '/-3
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
73/158
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
74/158
CBI Vs Vijay Bhardwaj
7
C4 )ajir 'ingh was fo#nd in sho5,%#*,offi%e of "he a%%#sed. I" is also
ad*i""ed d#ring "rial "ha" "he offen%e i.e. *#rder of C4 )ajir 'ingh was
%o**i""ed in "he aforesaid offi%e,%#*,sho5 owned y "he a%%#sed.
89. -e f#r"her arg#ed "ha" "he 5rose%#"ion has eDa*ined 4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
75/158
CBI Vs Vijay Bhardwaj
7&
No.9811999 whi%h in fa%" was #sed y a%%#sed. :his fa%" is %lear fro*
"he 5ho"ogra5hs 5rod#%ed y "he 5rose%#"ion "ha" sign oard of sho5 of
a%%#sed fo#nd *en"ioned aforesaid *oile n#*er. :h#s+ "he %on"a%" of
a%%#sed wi"h 4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
76/158
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
77/158
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
78/158
CBI Vs Vijay Bhardwaj
78
D.4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
79/158
CBI Vs Vijay Bhardwaj
79
h#*an lood and "here is no eiden%e on 5ar" of "he a%%#sed "ha" "here
was any %han%e of s"aining shoe of "he a%%#sed y o"her *eans. No inj#ry
on "he 5erson of a%%#sed was fo#nd or %lai*ed. :herefore+ fro* "he
aforesaid fa%"+ "he 5resen%e of a%%#sed on "he s%ene of %ri*e is
es"alished. -e also arg#ed "ha" as 5er aforesaid re5or"+ i" is %lear "ha" shir"
of a%%#sed was fo#nd "o e s"ained wi"h g#n 5owder resid#e and i" is
es"alished eyond reasonale do#" "ha" a%%#sed in fa%" #sed a g#n and
"his fa%" %learly es"alish "ha" "he offen%e was %o**i""ed only y "he
a%%#sed. In "hese %ir%#*s"an%es+ no differen" 5roale o5inion %an e
fra*ed.
9. =earned 44 f#r"her*ore arg#ed "ha" as far as %a#se of dea"h
of )ajir 'ingh C4 is %on%erned+ "he 5rose%#"ion has eDa*ined 4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
80/158
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
81/158
CBI Vs Vijay Bhardwaj
81
no" in a 5osi"ion "o 5ay a% "he *oney. Being afraid+ he hi" #5on a 5lan
"o eli*ina"e C4 )ajir 'ingh.
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
82/158
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
83/158
CBI Vs Vijay Bhardwaj
83
sho5 of "he a%%#sed a" any "i*e. s 5er s"a"e*en" of 4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
84/158
CBI Vs Vijay Bhardwaj
8
%ir%#*s"an"ial eiden%e+ a%%#sed *ay e held g#il"y. :o #""ress his
%on"en"ions+ learned 44 relied #5on +isar Khan *+C* C=&+S*
100. :o "he %on"rary+ learned defen%e %o#nsel s"a#n%hly arg#ed
"ha" "here was no *o"ie aailale wi"h "he a%%#sed "o %o**i" *#rder of
C4 )ajir 'ingh. -e arg#ed "ha" "here is no" an io"a of eiden%e
aailale on file+ y whi%h i" *ay e inferred y "he %o#r" "ha" de%eased
)ajir 'ingh in his life"i*e had gien *oney "o "he a%%#sed. 4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
85/158
CBI Vs Vijay Bhardwaj
8&
5rose%#"ion and were de%lared hos"ile y "he 5rose%#"ion. :he aforesaid
wi"nesses hae hel5ed "he a%%#sed e%a#se so*e of "he* hae s"a"ed "ha"
"he a%%#sed was "aing *oney fro* "he* and was re"#rning 5eriodi%ally
wi"ho#" any fa#l". :hese wi"nesses hae also de5osed "ha" a%%#sed was
haing good re5#"a"ion in #siness %ir%le and he was giing high re"#rn "o
his ines"ors and his dealings were fair. In "hese %ir%#*s"an%es+ no *o"ie
was aailale wi"h "he a%%#sed "o %o**i" *#rder of C4 )ajir 'ingh
sin%e de%eased. -e on "he asis of his aforesaid arg#*en"s+ #rged "ha" in
asen%e of *o"ie eiden%e ased #5on %ir%#*s"an"ial eiden%e los" i"s
signifi%an%e. :h#s+ "he 5rose%#"ion has failed "o 5roe "ha" any *o"ie
was aailale wi"h "he a%%#sed "o %o**i" *#rder of C4 )ajir 'ingh
sin%e de%eased.
101. -e also arg#ed "ha" as 5er s"a"e*en" of 4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
86/158
CBI Vs Vijay Bhardwaj
86
%i"y /#rgaon. :his %learly reeals "ha" o"h of "he* are go" #5 wi"nesses.
-e also arg#ed "ha" none of "he 5rose%#"ion wi"nesses hae 5roed a fa%"
"ha" a%%#sed was in arrears. No"hing has een ro#gh" on file "ha" af"er
o#n%ing of alleged %heA#e+ any s#i" or %ri*inal %o*5lain" was filed. 4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
87/158
CBI Vs Vijay Bhardwaj
87
s"a"e*en" of 4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
88/158
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
89/158
CBI Vs Vijay Bhardwaj
89
:herefore+ "he 5rose%#"ion has %o*e wi"h "wo ersions and %onseA#en"ly+
y "he %o#r" "he ersion whi%h is fao#rale "o "he a%%#sed is "o e
%onsidered. -e also arg#ed "ha" "he s"a"e*en" of 4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
90/158
CBI Vs Vijay Bhardwaj
90
y hi* and fro* "ha" 5oin" of "i*e+ "he a%%#sed was "aen "o "he 5la%e of
o%%#rren%e and handed oer "o "he 5oli%e. Con"rary "o i"+ 4
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
91/158
-
8/20/2019 ACP Rajbir Singh Murder Case Judgement
92/158
CBI Vs Vijay Bhardwaj
92
side of !'4 '#*i" (#*ar a" 6.30 a* and i" was infor*ed "ha" "he a%%#sed
was 5resen" a" 4oli%e '"a"ion Ci"y /#rgaon. =earned defen%e %o#nsel
f#r"her arg#ed "ha" "here are *a"erial o*issions in "he s"a"e*en" of 4
-
8/20/2019 ACP Rajbir Singh Murder Case J