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INSTITUTE OF LAW, JIWAJI UNIVERSITY, 1ST NATIONAL MOCK TRIALCOMPETITION, 2019

CONTENTS

Annexure1: Missing Complaint……………….………………………….………………...….......3

Annexure 2: FIR......................................................................................................................................................5

Annexure 3: Order Sheet of Trial Court...........................................................................................................9

Annexure 4: Final Investigation Report……………………………………………................. . .10

Annexure 5: Statements under section 161 Cr.P.C.....................................................................................15Statement of Rahul Makhija (Friend of the Deceased)PW-1...................................................................15Statement of Shyam Malhotra (IO)PW-2.......................................................................................................16Statement of Rohan Sharma (NCB Official) PW-3.....................................................................................17Statement of Dr Megha Bhatti (Medical Officer, PGI) PW-4..................................................................17

Annexure 6: Inquest Report…………………………………………………………………......18

Annexure 7: Panchnama......................................................................................................................................22

Annexure 8: Post Mortem Report.....................................................................................................................23

Annexure 9: Forensic Report{On Request of SI Charan Kher}………………… …………...26

Annexure 10: Report of Charan Kher (Sub Inspector)…………...………………………..…... .29

Annexure 11: Blood Matching Report {On Request Of CBI}...............................................................30

Annexure 12: Photos ……………………..……………………………………………………...33

Annexure 13: Instagram Photos………………………………….………………………….…...34

Annexure 14: Confession of Anshu Chaudhary to NCB…..................................................................36

Annexure 15: Statement of Defence Witnesses.................................................................................37Mrs. Sonakshi Dutt (DW-1) (Mother of the deceased)...............................................................37Akshay Tondon (DW-2) (Brother of the Deceased)........................................................................37Remo Francis (DW-3).................................................................................................................................38Anshu Chaudhary (DW-4) (Driver).................................................................................................................38

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DISCLAIMER

The facts present in the present case are fictitious and have been drafted solely for the purpose ofthe competition. The facts names locations and date bear no resemblance to any person, event orhappening whether dead or alive. Any resemblance if found is purely co-incidental.

No additional evidence or additional witness testimonies [other than provided] can be brought onrecord by any team for the purposes of the competition. Failure to adhere the same will result inthe disqualification.

The names used in the case are purely for the purpose of competition. No real incidences are tobe attached with them.

The problem did not intend to hurt the feelings of any sections of the society or to offend anyperson.

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ANNEXURE1: MISSING COMPLAINT {GUMSHUDGI}

To

THE HEAD OF POLICE STATION

GOLE KA MANDIR,

GWALIOR, M.P

02/07/2017

Respected Sir,

It is to inform you that my friend Ashima Tondon, who arrived at Gwalior on 27th June, 2017went missing and I have no clue where she is. She came here to meet her brother and she had toreturn back to Bhopal by 29th June, 2017 but as of today she didn’t arrived at Bhopal. Her phoneis also switched off. Kindly find her as I don’t know in what circumstances she is right now. Thedetails of her are as follows:

Name Ashima Tondon

Guardian Name Vishal Tondon

Guardian Occupation Businessman

Year of Birth 1989

Community Punjabi Khatri

Religion HINDU

Category General

Sex Female

Address Plot no. 4 House 10, Arera Colony, Bhopal

Height 160 Cms.

Build Normal

Complexion Fair

Face Round

Hair Normal – Long- Black

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INSTITUTE OF LAW, JIWAJI UNIVERSITY, 1ST NATIONAL MOCKTRIAL COMPETITION, 2019

Eyes Black

Dress Upper White Top

Dress Upper Color White

Dress Lower Jeans

Dress Lower Color Dark Blue

Tracing Date

REMARKS

Police Post P.S. at Gwalior

Personal Details Mole on left side of lower lip

Physical Details

Description Last seen with Mrs. Sonakshi Dutt and

Akshay Tondon.

Report information to Praveen Sharma

Complainant’s Phone 9xxxxxx466

Reward Amount

Notification No.

I doubt that Mrs. Sonakshi Dutt and Mr. Akshay Tondon must have known about the same. Kindly as soon as possible find her. We will be grateful to you

From: Rahul Makhija,

R/o Plot no. 4 House 10, Arera Colony, Bhopal

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INSTITUTE OF LAW, JIWAJI UNIVERSITY, 1ST NATIONALMOCK TRIAL COMPETITION, 2019

ANNEXURE2: FIR

Gwalior

IPC

NDPS

gole ka mandir 2017 BCGWL2017V30 03/07/2107

u/s. 120B &302 IPC

u/s. 21, 28&29 NDPS

Monday

03/07/2017 12:00p.m.

Source Oral

Piprai, near Morena (M.P.)

Morena Police Station (M.P.) Morena

Rahul Makhija Sameer Makhija

09/05/1993 Indian

Fashion designer plot no. 4,house10,Arera colony,bhopal

Mrs. Sonakshi Dutt, gold merchant, r/o.plot no.3 raj villa, Gwalior Akshay Tondon, owner of jeweler shop, r/o. plot no. 3 raj villa, Gwalior

Unknown persons

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My friend Ashima Tondon, D/O of Vishal Tondon, who arrived at Gwalior on 27th June, 2017 went

missing and her family & friends have no clue of her whereabouts. She came here to meet

her brother Akshay Tondon and had to return back to Bhopal by 29th June, 2017 but never reached

Bhopal. Her phone is also switched off.

A regular case is registered

Shri.Charan Kher

Sub Inspector, Gwalior

Praveen Sharma

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ANNEXURE 3: ORDER SHEET OF TRIAL COURT

C.B.I v/s Sonakshi Dutt& Others

Present: Special Prosecutor for C.B.I

Accused in custody present with defence Counsel

The learned defence counsel moved an application for grant of regular bail of Accused 3. As theinvestigation is complete and the challan has been presented, it will not serve any purpose tokeep the accused in the custody. The special prosecutor has argued on behalf C.B.I that if theaccused is released on bail there is reasonable apprehension of witnesses being coerced and thestature of the accused can subvert to the possibility of biased trial. The arguments advanced onbehalf of the accused are accepted that the state has been unable to bring on record any evidencein support of their argument. Therefore the accused no. 3 is ordered to be released on bail onpresentation of a bail bond of Rupees 50000/- with one surety of like amount. The matter comesup to on next date i.e. on 20/10/2017 for the consideration of charges.

(Nishant Goyal)

C.B.I. SPECIAL COURT JUDGE,

Gwalior 23.09.2017.

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ANNEXURE 4: FINAL INVESTIGATION REPORT

FINAL INVESTIGATION REPORT

UNDER SECTION 173 OF THE CODE OF CRIMINAL PROCEDURE]

COURT: IN THE SPECIAL COURT OF CBI

1. District: Gwalior

Police Station: CBI, Chambal Colony

Year: 2017

CR No. 246/2017

2. Final report/ Charge sheet number 07864876

3. Date: 20/10/2017

4. Provision: IPC-302, 120B &326,

NDPS-21, 28 &29

5. Nature of Final Report: Chargesheet filed

6. Name of Investigating Officer: Shyam Malhotra

Designation DSP,

7. Name of Complainant/Informant: Rahul Makhija

Father’s Name Sameer Makhija

8. Things obtained at the time of Investigation/ confiscated and property relied upon/ details of the articles,

Sr.No. Description Estimated Sr. No. Of Property DisposalOf the Value Police recoveredProperty station from whom

record diary and fromwhere

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1. Blood N/a 862 Spot ofCovered crime -Knife

2. Mobile 50000 863 Spot ofphone with crime -blood stains

3. 4gm Packet 20000 Spot ofof cocaine crime -

4. Napkin with N/a 864 Spot ofblood stains crime -

5. Clothes of N/a 865 Spot ofdeceased crime -

6. Steering N/a From the carWheel Cover of the -of Car deceased

9. Details of Accused against whom charge sheet is filed:

a. Name and age: Accused1- Sonakshi Dutt

Accused 2-Akshay Tondon

Accused3- Anshu Chaudhary

b. Whether Identified and how: By Witness

c. Father’s Name: Accused1- Raghvendra Dutt

Accused2-Vishal Tondon

Accused3-Mehul Chaudhary

d. Nationality: Indian

e. Passport Number: N/a

f. Religion: Hindu

g. If belongs to SC/ST: No

h. Profession: Accused1-Gold Merchant

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Accused2-Owner of Jewellery Shop

Accused3-Driver

i. Address: Accused1& 2- Plot no. 3 RAJ VILLA, GWALIOR

Accused3- Gole Ka Mandir, B-10 vasantkunj

j. If verified: Yes

k. Temporary Offender No. 87934 OF 2017

l. Date of Arrest: 14/08/2017

m. Date of release on bail: Accused3- 22/08/2017

n. Surety’s Name and Address: Accused3- M.K Giri

o. Related previous conviction: N/a

p. Condition of Accused: Accused1&2- JC

Accused3- On Bail

10. Details of examined witnesses:

Sr.No Name of Father/Husband AG Occupatio Address Nature Of. Witness ’s E n Witness

Name

1. Rahul Sameer 24 Fashion Plot no. 4, ComplainanMakhija Makhija Designer House 10, t

Arera Colony, [PW1]Bhopal

2. Shyam Dhananjay 38 DSP, CBI Phase, 10Malhotra Malhotra CBI Investigatin

Quarters, gBhopal Officer

[PW2]

3. Rohan Sanjay Sharma 36 DSP, C-4/23, NCB NCBSharma NCB Quarters, Officer[PW

Jabalpur, M.P 3]

4. Megha Bhatti Yogesh Bhatti 39 Medical Block 10, Elixir, Expert

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Officer Gwalior Witness[PW4]

5. Mayank Sharan Rakesh Sharan 46 SDM SH-2 Barrier [PW5]Road, Morena ABSENT

6. Sonakshi Dutt Sameer 48 Jeweler Plot no. 3 RAJ Accused[Makhija VILLA,GWALIO DW1]

R

7. Akshay Vishal Tondon 27 Shop Plot no. 3 RAJ AccusedTondon Owner VILLA,GWALIO [DW2]

R

8. AnshuChaudhar Dev Chaudhary 30 Driver Gole Ka Mandir Accusedry [DW3]

,B-10vasantkunj

9. Remo Francis Sharon Francis 45 Show Bunglow 6, DW4Organiser Royal

Enclave,GK 1,New delhi

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C.B.I VS SONAKSHI DUTT AND OTHERS

Present: Special Prosecutor for the C.B.I

Accused on bail Present with Defence Counsel.

Arguments addressed by the prosecution regarding consideration of charges under sections 302,120 B, 326 of the IPC, charges under sections 21, 28 & 29 of the NDPS. It is pleaded by theprosecution that all the charges against the accused are prima facie according to the investigationreport. Further one of the accused had confessed.

In reply, defence stated that no case of any kind is made against the accused persons. The chargesmade under these sections are false and denied. The accused who made the confession denied itexplicitly and said it was completely wrong. So, prayer is made for dismissal of the case. Heardand considered.

In view of the contents of the report under section 173 Cr.P.C. and the allegations made, there aresufficient grounds that the charges that are made out do exist against the accused persons.Further the charges are framed against the accused in the presence of accused and complainantand read over to accused and they pleaded not guilty.

Now to come up with the prosecution evidence on next date i.e. 07.04.2019

(Nishant Goyal)

C.B.I. SPECIAL COURT JUDGE, Gwalior

20.10.2017

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ANNEXURE 5: STATEMENTS UNDER SECTION 161 Cr.P.C

Statement of the Friend of the Deceased PW-1 [Mr. Rahul Makhija, r/o # Plotno. 4 House 10, Arera Colony, Bhopal]

I am the resident of the above given address and the friend of the deceased. I am a FashionDesigner and own a designer showroom at Bhopal. Ashima Tondon was also a Fashion Designerand she worked with me since 5 years. We met 5 years back at a fashion event at Mumbai andthere on our friendship strengthens. We shared a very special bond. We fell in love 2 years backand we decided to live together. She was a very hardworking girl, and she was a great daughterand a great sister. Her mother Sonakshi Dutt didn’t like her from the beginning. Akshay isashima’s younger brother. 1 year back Akshay left the house of his father and used to live withher mother, Mrs. Sonakshi Dutt at Gwalior. Ashima was very much concerned about Akshay, ashe was habitual of drugs and his condition was getting worse day by day that’s why there wascontinuous quarrel between him and his father Mr. Vishal Tondon. Mr. Vishal was a businesstycoon and Akshay always accuses Mr. Vishal of being partial between him and Ashima. Mr.Vishal always supported Ashima as she is a successful business women and he often financiallysupported us in our events. But Akshay used to demand money for drugs which is why his fathernever supported him and subsequent to which Akshay left his house. On 25th June, 2017 Ashimaasked me to book a train ticket of 27th June, 2017 from Bhopal to Gwalior as she wanted Akshayto bring home back as she was afraid that if akshay stays with her mother he will be in a trouble.On 28th june, 2017. She had to come back to Bhopal but she didn’t arrive. When I called her shesaid she will leave on 30th june, 2017. When she didn’t arrive on 30th June, 2017 as well I gotbit worried. I tried to call her but the phone was out of coverage area. I called my motherSonakshi to enquire about her but she said that she have no information about her. Then I got thenext train to Gwalior and arrived at Gwalior on 2nd July. When I visited my mother’s placewhere Akshay was also living, they were shocked. And they even didn’t invite me inside theirhouse. Then I reached the police station and filed a missing complaint about Ashima. On 3rdJuly,2017 Ashima’s body was found near a river and I was called for identification. It was ashimaand her throat was slit. I was in a state of shock. I suspected that Akshay and Sonakshi are behindthe murder of Ashima as she has no rivalry with anyone. Sonakshi Dutt used to operate a drugracket in the region in the guise of her Jewellery business. She is the most lovable person I haveever met in my life. Akshay must have done this in jealousy.

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Statement of Shyam Malhotra {IO} PW2

I Mr. Shyam Malhotra of CBI was appointed as an I.O on 29th July, 2017 by the Head of Branch,CBI, Mr. Ratanlal Shakya. The case was firstly investigated by PI Shri Charan kher of M.PPolice but the case was transferred to the CBI by MP government as no arrests were made andthe MP Police did not reached on a conclusion. The report of the investigation of Mr. CharanKher PI M.P Police is attached in Annexure 10 and the Inquest report by SDM Morena is alsoattached in Annexure 6. The Forensic report of regional forensic lab which is conducted on therequest of PI Charan Kher is also attached in Annexure 9.

On Preliminary investigation, as a packet of drugs was recovered from the body I initiallycontacted Mr. Rohan Sharma, NCB Officer. He informed me that he had reliable information ofdrugs being transported in the state from the state border via Agra Jhansi Highway but no arrestare made till now.

When the opinion of the doctor who conducted the postmortem was taken, according to her thedeath occurred by throat slit as well as by overdose of cocaine. The slit was adequate to killsomeone. We have all the evidences but we can’t find as to against whom those were to be used.

On 13th August, the NCB got a lead that drug peddler is arriving shortly at Gwalior from theAGRA JHANSI highway. When the drug peddler arrived he was apprehended by NCB officialsand from him 1 kg of cocaine was seized. Further when the accused was examined, he confessedto the NCB officer that he is a driver of Sonakshi Dutt and Akshay Tondon and he used tosmuggle drugs in the guise of bone ash. He also confirmed that Akshay and Sonakshi evenmurdered Ms. Ashima Tondon when she came to take Akshay back with her. The Car which wasrecovered was registered in the name of Ashima Tondon with Bhopal RTO. After the confessionwas made, NCB informed us about the same, and based on the confession made on 14th August,2017 we have arrested Mrs. Sonakshi Dutt and Mr. Akshay Tondon from their residence inGwalior.

We have also discovered that Akshay was a drug addict. And on arresting all the accused theirblood sample was taken and the fingerprints from the car were recovered and the steering wheelcover of the car was with all the items recovered from the crime scene were sent to the NationalForensic Science Laboratory Bhopal for the analysis.

The accused no. 1 & 2 alleged that on the date of the murder they were attending a jewelleryfashion show at New Delhi. On further investigation about the same it was discovered that theinformation given by them is false and they were in Gwalior itself.

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The forensic report further reveals that the knife which was recovered from the crime scenecontains the finger prints of accused no. 1 and accused no. 2. The blood recovered over the knifewas the same as the blood of the deceased.

The Forensic report further reveals that the mobile phone of the deceased had a finger print ofthe accused no. 1. Further it was revealed that all the call logs and messages were deleted fromthe phone.

On the basis of the above, we arrested Mrs. Sonakshi Dutt, the mother of the deceased on thecharges of section 302 IPC, Sec. 120B IPC, 204 IPC, 326 IPC as well as Sec. 21 NDPS act. Wearrested Mr. Akshay Tondon, the brother of the deceased on the charges of Sec. 302 IPC, Sec 120B IPC, Sec.326 IPC as well as Sec. 21, 28 & 29 Of NDPS act. Mr. Anshu already in custody, ischarged with section 28 of the NDPS act. Mr. Anshu, the 3rd accused is released on bail, whilethe rest of the accused are in Judicial Custody.

Statement of Rohan Sharma {NCB Official} PW-3

I am the NCB official who has been investigating this case on the request of Shyam Malhotra,the CBI officer in the present case. On 1st August 2017 CBI informed us that they haverecovered a body from which a packet of drugs was recovered, and they wanted someinformation about such drug and about any drug deal which is in our scrutiny. To which Iresponded that we have various tips regarding the drug deals on the border of MP and UP. Butthe dealers were not arrested till then. On 13th August, 2017 we got a lead that drug peddler isarriving shortly at Gwalior via AGRA JHANSI highway. When the drug peddler arrived he wasapprehended by me and my team and from him 1 kg of cocaine was seized. Further when theaccused was examined, he confessed to me that he is a driver of Sonakshi Dutt and AkshayTondon and he used to smuggle drugs in the guise of bone ash. He also confirmed that Akshayand Sonakshi even murdered Ms. Ashima Tondon when she came to take Akshay back with her.The Car which was recovered was registered on the name of Ashima Tondon with Bhopal RTO. Ihanded over the driver named Anshu to the CBI on 14th August, 2017 with the recoveredcocaine from the accused.

Statement Of Dr. Megha Bhatti { Medical Officer, JAH} PW-4

The patient was brought to the hospital at 8 am on 4th July, 2017. She was already dead and beenmerely brought for the postmortem. She appeared to have been scuffle and her throat was slit.During the postmortem, I found that a cocaine injection was administered to that bodyhypodermically due to which the death occurred. Although I cannot be fairly certain, it is quitelikely that the deceased died due to the injection and the throat was slit after the death.

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ANNEXURE 6: INQUEST REPORT

Inquest Report u/s 176 Cr.P.C

(To be used by the competent Executive Magistrates in case of unnatural, sudden or Suspicious death within the meaning of sec.174 (1) Cr. P.C.)

1. Date, time and place when and where 03/07/2017, 15:00p.m. at Collectorthe Magistrate received the intimation Office, Morenau/s 174(1) Cr. P.C. about the death.

2. The substance of the information By Manoj Tiwari (Sub Inspector),obtained by him and from whom. Morena Police

3. The place where the body of the Piprai, near Chambal River, Districtdeceased was found. Morena

4. Inquest.

(a) Commenced at...3:30p.m...(time) on..03/07/2017....(date)

(b) Closed at...17:05 p.m......(time) on...03/07/2017...... (date)

5. Dead body identified by (their names Rahul Makhija(Friend of theand essential particulars), Relatives may deceased)Identify, If relatives are not availablethose who had known the deceased mayidentify.

6. Marks of identification, if any, such asmoles, scars etc.

7. Name parentage, sex, age, caste and residence of the deceased.

8. Relatives, if any, present at the inquest (their names, addresses and relationship with the deceased)

Mole on left side of the lower lip

Ashima Tondon, Female, 28 years,Plot no. 4 House 10, Arera Colony,Bhopal.

N/A

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9. Names and other necessary particulars oftwo local and respectable witnesses in whose presence the inquest was held.

(It is not mandatory but desirable).

1. Manish Singh, Buisnessman, r/o. houseno. 4, Budhwari gali, Pipari,2. Divayanka Saini, Teacher, r/o. A-71,Kirti nagar, Pipari

10. Description of the corpse (after closeobservation of all parts of body in goodlight, generally under sunlight during daytime), cavities such as those pertainingto nose, ear, mouth, vagina etc should beclosely examined.

Note down the following features:

a) Position and attitude of the body. Laid down on the back side of the body

b) Number, position, length, breath and 1]. wound on muscle deep on right

wound(s)(not depth) side of the face.

2] The cartilages was cut on upper

part of right ear pinna.

3] Trachea was cut in front of lower part neck

c) Nature of wounds-incised, lacerated, incised

bruises, fractures (so far they are visible

on the external examination and could be

ascertained by a non-medical person).

d) Signs of ligature marks if any. N/A

e) Signs of inflammatory reaction (swelling etc) if N/A

any.

f) Expression of the countenance. In a state of shock.

g) Position of limbs, eyes and mouth. At their places.

h) Presence of blood (liquid or clotted), saliva, froth, clotted blood was present

vomit, semen, swabs etc. (if any)

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i) Condition of clothes/ornaments.

11. Is the body well nourished and vigorous oremancipate and weak?

12. Viewing of the surroundings in their totality with the dead body lying there in.

Note down the following:-

a) Marks of violence or struggle.

b) Articles such as rope, weapon, ammunition,

phial, used cartridge, chemicals etc.

c) Suicide note, if any.

d) Foreign matters such as weeds, straws

etc in the hair or clenched to the hands of

the deceased or attached to part of the body.

e) Are there circumstances available in the scene

to show that the deceased kill himself/herself.

f) Do you notice anything in the surroundings to

suspect foul play?

13. Number and Names of the witnesses examined by the Magistrate and substance andweight of their evidence (the evidence to be recorded on separate sheet of papers).

Clothes contained blood stains,

ornaments were missing.

well nourished.

Ear was cut, neck was slit.

a knife was recovered.

N/A

a packet of white powder.

N/A

the presence of syringe and knife

indicates foul play

Ramu and Sharon

14. Opinion of the Magistrate as to the cause of the death was caused due to cutting ofdeath as could be ascertained by him, based on his neck or throat slit.inspection of the scene, close examination ofthe dead body and evidences adduced by the witnesses.

15.Whenever there are wounds, fractures, bruises knife is sufficient to cause the woundand other marks of injury as may be found over the body.

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on the body the Magistrate should state in whatmanner or by what weapon or instrument, ifany, such injuries/marks appear to have been caused.

16. Sketch plan of the place where the dead body is ____found & photograph taken, if any.

17. Has the Magistrate held the inquest in addition u/s. 174 Cr.P.Cto or in lieu of the Police investigation u/s 174/175CrPC?

18. Upon a consideration of the totality of the material including the examination of the dead body,inspection of the scene & testimony of the witnesses,

are there grounds for suspecting foul play ?

Yes there are grounds of foul play.

19.Is it a case where the person died in police custody? No.

20. Action proposed to be taken, if any, in pursuance of Body should be sent for postmortemthe Magisterial inquest . and accordingly the actions will be

taken.

Signatures of the persons present as mentioned in item 9.

i. Manish Singh Sd/-ii. Divayanka Saini Sd/-

Name of the Magistrate-: Mayank Sharan

Signature of the Magistrate with date & seal-:

03/07/2017 Sealed.

MEMO NO ....AJJ1842..............................DATE .03/07/2017..................

Copy to -: Charan Kher(Sub Inspector), Gole ka Mandir Thana, Gwalior.

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ANNEXURE 7: PANCHNAMA

1] Pancha No.1: Smt. Poonam Sahni, Age; 32, Occupation; LIC Agent

Address: 24/3 Eastern Phase, Elixir M.K CITY, Gwalior, M.P- 474006

2] Pancha No.2: Mr. Vitthal Bhide, Age: 40, Occupation; Hotel Owner

Address: Hotel Panchwati, Lakshmibai Road, Gwalior, M.P – 474002

Today we the abovementioned panchas, on being called by P.I Rakesh Khanna, visited theMorena Police Station and subsequently, along with P.I Rakesh Khanna, a PSI and twoconstables visited the place of occurrence of crime at a village Pipari near morena at about 5 p.mon 3rd July 2017. The informants were present there. We were requested to be the panchas forconducting the said panchnama.

The informant showed us the place where the body was lying. The body was lying alongside theChambal River. It was a body of a female who appeared to be near about 35 years. The body waswearing a white colour top and blue jeans.

Items recovered from the scene were:

1. Female body with its throat slit

2. A knife with blood over it

3. A packet with white powder in it

4. A mobile phone

5. A white colour napkin with blood stains.

The body was sent to the nearest Government Hospital for conducting Postmortem. Theaforesaid panchnama is true and correct as per the site as seen by we panchas. Panchnamacommenced at 5 pm and completed at 6:15 pm.

Pancha 1 sd/-

Pancha 2 sd/-

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ANNEXURE 8: POSTMORTEM REPORT

POSTMORTEM FINDINGS FOR CASE NO: 251/17

BODY IDENTIFIED BY: Friend Mr. Rahul Makhija

DATE AND HOUR OF STARTING AUTOPSY: 4th JULY 2017 at 8 am

DATE AND HOUR OF CONCLUDING AUTOPSY: 4th July 2017 at 11:15 am

1. NAME OF DECEASED: Ashima Tondon

2. D/O: Shri Vishal Tondon, AGE: 28, SEX: Female

3. ADDRESS: Plot no. 4, House 10, Arera Colony, Bhopal

4. HEIGHT: 5ft 4 inches, WEIGHT: 50 kg, PHYSIQUE: Normal Built

5. SPECIAL IDENTIFICATION FEATURE: Mole on left side of the lower lip

INFORMATION PROVIDED BY POLICE:

As per the police on 3 rd July, 2017, the deceased was discovered in a condition similar to ofhaving been in a tussle. According to police the deceased’s throat was slit by knife. It was foundnear the river area so the body is a bit swelled up.

DESCRIPTION OF BODY AND CLOTHES:

Dead body of a moderately sized adult female wearing a white top and blue jeans and there areblood stains over the top. The Throat was slit and there is a loss of blood through the slit, upperpart of the body was wet with red coloured blood.

INJURIES ON EXTERNAL EXAMINATION:

1. An Oblique incised wound 1cm x .5cm x muscle deep on right side of the face just besides the Ear. Clotted Blood was present. Wounds direction is from upward to downward.

2. An Oblique incised wound 3cm x 0.8 cm cartilages cut on upper part of right ear pinna. Clotted blood was present. Wound is directing from outer to inwards.

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3. Transverse incised wound 8 cm x 5 cm trachea was cut in front of lower part neck 3 cm aboveManubrium Sterni ophagus, blood vessel and nerves are cut. Clotted blood was present. Larynxwas not congested.

4. Multiple injection wounds are present over the left hand of the deceased.

5. Abrasions are found on both the wrist and on the chest of the deceased.

INJURIES ON INTERNAL EXAMINATION

1. Skull: Unremarkable

2. Meninges: Pale

3. Brain: Hyperaemia present

4. Spinal Cord: Hyperaemia present

5. Mouth, Oesophagus, Pharynx:

6. Nasal Septum: Perforation was present

7. Larynx, trachea: pale

8. Heart: unremarkable

9. Vertebrae: C6 vertebrae was cut

10. Intestine: pale

11. Kidneys: Pale and congested

CAUSE OF DEATH:

Cause of death in this case in my opinion is Tachycardia which is due to the administering of 1.5g cocaine injected hypodermically.

TYPE OF WEAPON USED:

The throat was slit by a single edged sharp weapon and an injection is used.

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TIME BETWEEN INJURY AND DEATH:

1 Hour

TIME BETWEEN DEATH AND POSTMORTEM:

36 – 40 Hours

Sd/-

Dr. Megha Bhatti

Medical Officer

JAH, Gwalior

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ANNEXURE 9: FORENSIC REPORT {Conducted On The Request of PI Charan Kher}

FORENSIC SCIENCE LABORATORY REPORT 06/07/2017

REGIONAL FORENSIC SCIENCE LABORATORY

M.P GOVT.

GWALIOR

Regd. No.: RFL [Ga]/57/2017

From

Director and Chemical Examiner

Regional Forensic Science Laboratory

Gwalior

TO

S.I Charan Kher

M.P Police

Gwalior,

Ref: Your letter No. : RFL/896/M.P-46/2017

CERTIFICATE OF EXAMINATION

The articles sent by you in RC NO. RFL/896/M.P-47/2017 of, were received in the laboratory forthe examination on 04/07/2017. The seals found on the articles were intact and tallied withsample seal. The description found on the article corresponds to that of those present in theinvoice.

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Materials Examined

ARTICLE NO. DESCRIPTION EXHIBIT NUMBER

1. Blood Covered Knife A2. A mobile phone with blood B

stains3. Packet of White Powder C4. Napkin with blood stains D5. Clothes of Deceased E6. blood of Deceased F7. Fingerprints of deceased G8. Injection Syringe H

Method of Analysis

Observations and tests conducted Cuttings, scrapings from the suspected areas were tested forblood using presumptive test namely benzidine test. The presence of bloodstains was furtherconferment by conduction of takayama test. Further fingerprints were also lifted.

Result of Analysis

1. The Blood on exhibit A is same as of Exhibit F

2. The Exhibit A bear three set of fingerprints corresponding to that of Exhibit G and other two fingerprints.

3. The Blood on Exhibit B is same as of Exhibit F

4. There are three sets of fingerprints on Exhibit B which is same as of exhibit G and others.

5. The white powder in Exhibit C is Methyl-Benzoyl- Eggonine [Cocaine]

6. The Fingerprint on Exhibit C cannot be matched

7. The Blood on Exhibit D is same as the blood group on Exhibit F and one other blood group is also found.

8. Exhibit H contains the fingerprint as present on Exhibit G.

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INSTITUTE OF LAW, JIWAJI UNIVERSITY, 1ST NATIONALMOCK TRIAL COMPETITION, 2019

- Attested photocopy issued to the SI of Gole Ka Mandir Thana at Gwalior.

Dr. Shreya Khanna

Asst. Director

Dr. Rajendra Thakur

Forensic Serologist

Dr. Kiran Gupta

Director,

Regional Forensic Science Laboratory

Gwalior, M.P

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ANNEXURE 10: REPORT BY CHARAN KHER

From: S.I Charan Singh

Gole Ka Mandir Thana 30/07/2017

Gwalior, M.P

To,

Shyam Malhotra

IO, CBI

Gwalior, M.P

Respected Sir, It is to inform you that, on 2nd of June, 2017 we have received a missingcomplaint from Mr. Rahul Makhija the friend of the complainant. A missing complaint was filed.On 3 rd June we have received info. That a body is found with her neck slit. In a village namedpiparia, Morena District.

The Morena Police further informed us that, when they reached the crime scene they saw afemale body lying with her throat slit in a pool of blood. There was blood over her clothes. Whenthe crime scene was investigated they found mainly a knife, a napkin and an injection syringe.They sent the body for the postmortem at JAH Hospital Gwalior.

An Inquest report and a Panchnama was conducted at the crime scene. The articles recoveredfrom the crime scene were sent to the regional forensic lab. at Gwalior. The report of the analysisis submitted to the CBI team. Further by the investigation I have reached to a conclusion that it isa case of homicide and a case of drug overdose.

The complainant doubted his mother Sonakshi Dutt and Mr. Akshay Tondon to be involved inthe same but on investigating them I think they have nothing to do with the murder. Further asnow the case is transferred to the CBI, all the reports and documents are handed over to the CBI.

Will co-operate in all the future investigations.

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ANNEXURE 11: BLOOD MATCHING REPORT

FORENSIC SCIENCE LABORATORY REPORT 18/08/2017

CENTRAL FORENSIC SCIENCE LABORATORY

GOVT. OF INDIA

BHOPAL

Regd. No.: FSL [Ca]/375/2017

From

Director and Chemical Examiner

Central Forensic Science Laboratory

Bhopal

TO

I.O Shyam Malhotra

CBI,

Gwalior,

Ref: Your letter No. : FSL/07/CBI-46/2017

CERTIFICATE OF EXAMINATION

The articles sent by you in RC NO. FSL/07/CBI-47/2017 of, were received in the laboratory forthe examination on 16/08/2017. The seals found on the articles were intact and tallied withsample seal. The description found on the article corresponds to that of those present in theinvoice.

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Materials Examined

ARTICLE NO. DESCRIPTION EXHIBIT NUMBER

1 Blood Covered Knife A

2 A mobile phone with blood Bstains

3 Packet of White Powder C

4 Napkin with blood stains D

5 Clothes of Deceased E

6 blood of Deceased F

7 1Kg packets of Cocaine G

8 Blood of Accused 1 H

9 Blood of Accused 2 I

10 Blood of Accused 3 J

11 Fingerprints of deceased K

12 Fingerprints of Accused 1 H1

13 Fingerprints of Accused 2 I1

14 Fingerprints of Accused 3 J1

15 Steering Wheel Cover Of Car L

16 Fingerprints from Car M

17 Injection Syringe N

18 Fingerprints of Complainant O

Method of Analysis

Observations and tests conducted Cuttings, scrapings from the suspected areas were tested forblood using presumptive test namely benzidine test. The presence of the substance can bedetected by TLC, HPLC or GC. Quantification can be done by GC-MS or LC-MS The presenceof bloodstains was further conferment by conduction of takayama test. Further fingerprints werealso lifted.

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INSTITUTE OF LAW, JIWAJI UNIVERSITY, 1ST NATIONAL MOCK TRIALCOMPETITION, 2019Result of Analysis

1. The Blood on exhibit A is same as of Exhibit F.

2. The Exhibit A bear three set of fingerprints corresponding to that of Exhibit H1, I1 and K.

3. The Fingerprint on the hilt of Exhibit A bears the fingerprint as of Exhibit K.

4. The Blood on Exhibit B is same as of Exhibit F.

5. The fingerprints on Exhibit B are same as of exhibit H1, K and O.

6. The white powder in Exhibit C is Methyl-Benzoyl- Eggonine [Cocaine]

7. The Fingerprint on Exhibit C is same as of K and J.

8. The Blood on Exhibit D is same as the blood group on Exhibit H and I. Both Exhibit H and I have different Blood Group.

9. The fingerprint on exhibit G is same as of on Exhibit I1 and J1.

10. Fingerprint on exhibit L is same as of Exhibit K and J1 and of Exhibit O.

11. Fingerprints from Exhibit M bear four set of fingerprints corresponding to that of Exhibit K, H1, I1, and J1.

12. Exhibit N contains the fingerprint as present on Exhibit K.

- Attested photocopy issued to the IO of CBI at Gwalior.

Dr. Vishu Trivedi

Asst. Director

Dr. Vipul Tripathi

Forensic Serologist

Dr. B.S Kotnis

Director,

Central Forensic Science Laboratory

Bhopal, M.P

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ANNEXURE 12: PHOTO

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ANNEXURE 13: INSTAGRAM PHOTOS

On 02/07/2017

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On 02/07/2017

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ANNEXURE 14: CONFESSION OF ANSHU CHAUDHARY TO NCB

I, Anshu Chaudhary, of sound mind and body, on my own will free from any coercion admit topurchasing drugs for Mrs. Sonakshi Dutt for whom I worked for. It is pursuant to this that Iattempted to take the drugs from the workshop and drop it to designated venue. Also Mrs.

Sonakshi with his son killed her daughter Ashima Tondon on the midnight of 2nd July, 2017.

Sd/-

Anshu Chaudhary

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ANNEXURE 15: STATEMENT OF DEFENCE WITNESSES

Mrs. Sonakshi Dutt (DW-1) (Mother of the Deceased)

I am Mrs. Sonakshi Dutt. I am the owner of the Jewellery shop. I married Vishal Tondon in 1988.We had two children namely Ashima Tondon and Akshay Tondon who used to live with theirfather in Bhopal. In the year 1992, I left my husband and used to live in Gwalior and in 1993started my own business. In 1992 I married to Mr. Sameer Makhija a gold merchant based inGwalior. Rahul Makhija is our only child was born in 1993 and is a Fashion Designer. Ashimawas a famous fashion designer. In 2012, Ashima and Rahul met at a fashion event, and they bothfell in love and started living together in Bhopal. I came to know that both were dating eachother, I got frightened and asked them to stop their relationship. But both Ashima and Rahulneglected my order. Akshay was unemployed and had no work to do due to which there werecontinuous fights between Akshay and his father Vishal. Ashima falsely accused Akshay of beingdrug addict and stealing money for buying drugs in front Vishal. He started living with me afterhe was thrown out of his house by his father. He still kept calling his sister every 2-3 days to askhow she was. On July 1st 2017, Rahul’s call came, to ask about Ashima. On the next day Rahul

visited our house to ask about Ashima. However, I never heard from her after the 25 th of June.

Ashima never contacted me and she didn’t come on 27th June, 2017 at our place to meet Akshay.On the night of the alleged incident; I was with Akshay in Delhi to attend a Wedding JewelleryCollection Fahion Show 2017 to be held from 02 – 05 July, 2017. It was such a wonderfulevening. We stayed in Delhi from 2 nd to 5 th July. On next day, I was informed by akshay, ofher death then afterwards we returned to Gwalior from Delhi. Ashima’s death was tragic. I feltmost aggrieved by the allegations imposed on me but I have no role to play in it. Statements of arandom person can’t implicate me. The fingerprints so found are also forged and I am beingframed. I wasn’t even around that night! I am most distressed. I am shocked and embarrassed atthe accusation. I had no knowledge of any of the alleged activities going on. Someone’s trying toframe us. I do not have any information about drugs. Rahul wants to remove me and Akshayfrom his way so that he could make all the properties in his name. I am being trapped.

Akshay Tondon (DW-2) (brother of the deceased)

I am Askhay Tondon son of Sonakshi Dutt and Vishal Tondon. I am the owner of Jewellery Shop.I lived with my mother when my father thrown me out of his house due to false allegations madeby my sister that I used to take drugs. However, due to this my relationship with my sister nevergot worse. She helped and encouraged me to do some work. I kept calling Ashima in every 2-3days to ask how she was. On 25 th June 2017, she called me to get back home. On July 1st

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2017, Rahul called me to ask where Ashima is. On the next day Rahul visited our house to ask

about Ashima. However, I never heard from her after the 27th of June. Ashima called and askedme to meet her at Phoolbagh in Gwalior to which I replied that I will not come and if she wantedto meet, she have to come at my place but Ashima denied as acc. to her Rahul didn’t wanted herto meet Sonakshi. Ashima was very distressed with the behaivour of Rahul. She always wantedto settle down with her mother as Rahul used to humiliate her in all the ways he can. There was a

fight between Rahul and Ashima on 25th June, that’s why she called me and said that Iam leavingRahul as he is very bad person. That’s why she was coming to Gwalior. So we didn’t met on 27th June 2017.

On the night of the alleged incident, I was with my mother in Delhi attending a WeddingJewellery Collection Fashion Show 2017 to be held from 02 – 05 July, 2017. On 3 rd July, 2017 Iwas informed by my mother about Ashima’s death. Then we immediately left for Gwalior.

I had no knowledge of any of the alleged activities going on in the jewellery work shop and I amquite positive that neither did my mother. Anshu, who is my mother’s driver, his only duty is tocollect bone ash from the dealer and deliver it to the workshop for the purpose of its use inmaking jewellery. Rahul is out to frame me and my mother. We are being falsely accused. Rahulis only responsible for ashima’s murder. It’s only Rahul who changed that bone ash from drugsfor trapping us.

Remo Francis (DW-3)

I am the organizer of the Wedding Jewellery Collection Fashion Show 2017 held from 02-05July, 2017. It’s an event put on by a jewellery designer to showcase their upcoming line weddingjewellery during Wedding Jewellery collection fashion show. On 2nd July’17 I was on duty. Mrs.Sonakshi Dutt and Akshay Tondon were our special guests on that night. They attended theevent, and even Mrs. Sonakshi on our request walked the ramp.

Anshu Chaudhary (DW-4)

I am the driver of Mrs. Sonakshi Dutt I’ve been in the service for about 13 years and this is reallyunfortunate turn of events. I was coerced into writing the confession. I did not and have nointent, need or desire to purchase drugs for and from anybody. I have been framed. My job is tocollect Bone Ash from the dealer and deliver it to workshop.

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