Following
is part of Public Records contained in Criminal Appeal 715 of 2001 in High
court of New Delhi;
1. That the Brij appeared as witness in case Rajni Aggarwal V/S Kapil Dev Aggarwal in the court of Sh. S. S. Lamba, ADJ Chandigarh. While appearing as PW 4 on behalf of the Rajni on 4.4.98 he swore to state the truth but however he made various statements in the court which were false and which he knew to be false to his knowledge. He thus committed an offence deliberately giving false evidence. The statements which were made by the Brij under oath knowing them to be false are as reproduced hereunder:-
2. "I
can identify the handwriting of my daughter Rashmi Mark "D" is not in
the handwriting of my daughter. Mark "H" is also not in the hand of
Rashmi"
Proof of falsity.
Smt
Rashmi Bansal had appeared in this court on 14.12.1998 and submitted
her standard handwritings/signatures. These two documents were gut
examined by the complainant from the handwriting expert Dr.K. N. Parsad. The report is exhibit D-63 on the record of the trial court and states as under:-
"The
person who wrote the standard writings\signatures marked A-1 to A-1
also wrote the questioned writing\signatures Mark Q 1 and Q 2."
By
virtue of the report of the handwriting expert as well as by visual
comparison of layman, the standard writings submitted by Rashmi are the
same as contained in Mark "D" and Mark "H" which were denied by the Brij
to be in the handwriting of her daughter Rashmi. The Brij has thus committed an offence of perjury by deliberately giving false statement under oath before this court.
3. The Brij has stated "My daughter Rashmi was married on 19.4.95 at Mandi Gobindgarh. Rajni
and her husband did not attend that marriage at Mandi Gobindgarh. My
daughter Rashmi was engaged with Sanjay in January, 1995. No engagement ceremony took place. It
is wrong to suggest that engagement ceremony was performed on 5.3.95 at
my residence at Chandigarh, since there was no ceremony there was no
question of attending the same by the Rajni and her husband".
Proof of falsity.
Rajni
herself while appearing as her own witness stated ns under:- "There was
marriage of the daughter of my Uncle and in that marriage I and the me I
both attended that marriage. We also attended the ring ceremony". The date of ring ceremony of 5.3.1995 is mentioned in Exhibit D 1/X. It is thus apparent that the statement made by the Brij is falsified by statement of Rajni. It is the Brij Singal who had deliberately made false statement as submitted above.
4.
The Brij has made the following false statement; “I have given Loan of
Rs 5.00 lacs to M/s.Gopal Sales (P) Limited; voltd which has been
returned now. It was returned in the year 1996-97. I do not know whether at the time of return of money who was the Director. I know Raj Singal who is my Nephew and Kiran Singal who in his wife. I do not know whether Raj Singal and Kiran Singal are the directors of the above referred company. The loan which was returned back was by way of cheque. I do not know who signed that cheque. It is wrong to suggest that the firm repaid the loan to him after selling the ancestral gold of Kapil by Rajni’s father".
Proof of falsity.
The Brij admits that Gopal Singal, Jagan Nath were the directors of the company when he gave the loan. He also admits to knowing Raj Singal and his wife Kiran Singal. In 1996-97 Raj Singal and Kiran Singal were the directors along with Gopal Singal. It
is thus apparent that he knew the directors of the company and the
person who returned the money. As per the information available, the
loan was not repaid by way of any cheque as stated by the Brij. He
has deliberately made a false statement to this court to hide
clandestine sale of property or the parties towards the repayment of the
money advanced by him.
5.
The Brij has deliberately made the following false statement:- "It is
correct that a criminal complaint was filed under the wealth tax and I
was one of the accused. It is
correct that the criminal complaint is still pending in the court of
CJM. I am still Director of that company (Jagan Nath Brij (P) Limited
Proof of falsity.
As
per the records maintained in the office of Registrar of Companies only
Sh. Raj Singal and father of Raj Singal are the directors of Jagan Brij
Pvt. Limited;
6. The
Brij has made the following false statement when he was put the
question as to whether he clandestinely operated his locker on 4.5.94,
he said "Yes". though denied that it was not clandestine as he could
operate his locker at any time, There after the following question and answer have been recorded by this court.
Q. Did you operate that locker without making entry in the bank record or not on the same day?
Ans. I do not remember.
Proof of falsity.
It is well established fact that locker cannot be operated without due entry in Bank records. There
is no question of anybody operating the locker without entry in the
bank records and if after having done it there was no question of
forgetting it. In fact he knew
about the income tax raids and had taken key of the locker with him and
while the raids were being conducted at his house he operated the locker
and removed the valuables lying therein. When
he did not pay the bank officers the promised bribery they informed
this matter to the income tax Authorities. He later on admitted this
fact before the income tax authorities. There is no question that he was not remembering the above incident. He had deliberately made a false statement under oath before this Hon'ble court.
6.
The Brij had made further false statements as below:-"All members of
family of Jagan Nate are wealth tax as well as income tax assesses."
Proof of falsity.
All the members of family of Jagan Nath are neither wealth tax nor income tax assesees.
13.
It is wrong to suggest that “I alongwith Rajni went to the Bank of the
Kapil jointly held in name of Rajni in Sector 37 and father of the Rajni
stood outside the Bank to guard. It is wrong to suggest that I
accompany the Rajni at the time when Rajni operated the locker in the
Punjab National Bank in Sector 37 Chandigarh on 15.9.95. It
is wrong to suggest that Rajni operated the locker on the instigation
and pressure of myself, my brother Jagan Nath, Son Gopal and Murti Devi
w/o Jagan Nath. It is further wrong to suggest that I along with my
brother Jagan Nath, his wife Murti Devi, Son Gopal and Pardeep Goyal
went to the house of Kapil on 15.9.95 and removed all the household
goods from the his house forcibly and brought the Rajni with us along
with the articles” and the statements made in examination in chief.
Proof of falsity.
Testimony of Late Sh.B.L.Premi, Assistant Branch
Manager, PNB Sector 37, Chandigarh.
Testimony of Sh.S.K.Mishra.
Testimony of Sh.Pavitar Kumar.
KAPIL DEV AGGARWAL
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