- (1.) Vide this judgment, the above mentioned appeals will be disposed of as these have arisen out of a common incident/ judgment.
(2.) The present case relates to murder of a lady in room No.402, Hotel Shivalik View, Chandigarh beteen 6.20 pm to 8.45 pm on 10.12.2004. The prosecution has been able to crack the present case mainly with the help of mobile phone call records. The prosecution case was set in motion on the basis of the statement of complainant Laxman Singh, who was working as room attendant in the said hotel, recorded by Sub Inspector Nasib Singh on 10.12.2004. At about 8.45 pm, complainant was present on the 4 th floor of the hotel. Sukhwinder Singh, plumber, informed the complainant that the guest of room No.301 had made a complaint regarding leakage of water. On checking, it transpired that water tap of room No.402 was on. On verifying from the computer, they found that room No.402 was locked. However, nobody responded to the knocking at the door. The room was opened with the help of master key. The lights of the room were found to have been switched off. When they switched on the lights and looked into the bathroom it was found that the water tap of the bath tub was running and a lady was lying in the bath tub in a nude condition. There were big blood stains in the tub. Signs of physical violence were also noticed on the face of the lady. The curtain of the bathroom was lying on the floor. Blood stains were also seen on the walls of the bathroom. Television in the room was on at its full volume. The complainant informed the security officer. On enquiry, it revealed that a boy named Bunty had booked room No.402 at about 6.20 pm. On the basis of the statement of the complainant formal FIR No.551 was registered on 10.12.2004 at police Station, Sector 17, Chandigarh under Section 302 of the Indian Penal Code, 1860 (IPC for short).
(3.) Inspector Nanha Ram on reaching the spot took over the investigation from Sub Inspector Nasib Singh. At that time, Central Forensic Science Laboratory (CFSL for short) team, photographer and dog squad were already present at the spot as they had been called by Sub Inspector Nasib Singh. He lifted blood stains from the body of the deceased with cotton swabs. He also took in possession the hair found in the right hand of the deceased, three towels, three bed sheets, one pair of shoes, one sun-glasses, ladies clothes, two cups and a wrapper. One cash receipt and key holder were also taken in possession. He prepared the inquest report qua dead body of the deceased. He verified call details made from the room which were disclosed to him by Deepak Chhiber. A call had been made from room No.402 at 18:22 hours on phone No.9814153100. From the counter of the hotel, he took in possession guest detail card. As per the same, the name of the guest was Bunty, resident of WZ-196 Baldev Nagar, Ambala. He prepared rough site plan qua the spot and recorded the statement of receptionist Jyoti. Telephone No.9814153100, on verification, was found to be in the name of Kulwinder Singh, resident of House No. 683, Dadu Majra Colony, Chandigarh. The said Kulwinder Singh was joined in investigation and his statement was recorded. He identified the dead body of the deceased and disclosed that he had brought deceased Muskan along with accused Sabby from Sector 38 West market and had taken them to Sector 35 before dropping them in Hotel Shivalik View. At about 6.15 pm, Muskan had called him and had asked him to come at 8 pm to the hotel. Kulwinder Singh disclosed that mobile phone No. 9814153100 was in his name.;