Himanshu @ Chintu vs State Of Nct Of Delhi

2. On July 8, 2006, Dharam Pal (PW-3)--Head Constable--was on duty at Police Control Room in Police Headquarters from 8.00 p.m. to 8.00 a.m. At about 9.34 p.m., a telephonic message was received in the control room from telephone No. 9210325051 that a person had been shot at A- 450, Shastri Nagar. The said telephonic message was reduced to writing in the PCR Form (Exhibit PW-3/A) and communicated to the Police Station, Sarai Rohilla. Subhash Chand (PW-24), Sub-Inspector, on receiving the said communication (DD No. 31/A), left immediately for the place of incident with Head Constable Vijay Pal (PW-19). PW-24 and PW-19 reached the spot in front of Ahuja Clinic, `A' Block, Shastri Nagar within 15 minutes of the receipt of the communication.

The aforenoted injury on the body of the deceased was found to be ante-mortem and recent. In the opinion of PW-5, Murari died due to haemorrhage and shock consequent to Injury No. 1 which was sufficient to cause death in the ordinary course of nature.

6. On July 9, 2006, PW-35 and PW-24 along with PW- 11 proceeded in search of the accused persons. Himanshu @ Chintu (A-2) was apprehended on that day itself. A-2's disclosure statement was recorded on July 10, 2006 vide Exhibit 24/B. Sunil Nayak @ Fundi (A-1) was arrested on July 15, 2006. Ramesh @ Dudhiya (A-4) was arrested on July 26, 2006. Shesh Bahadur Pandey (A-3) was arrested on October 16, 2006. On the basis of his disclosure statement, the Katta (weapon of offence) was recovered. Sunil Kumar (A-5) 4 surrendered in the Court on November 9, 2006 and on that day itself, he was arrested.

8. The accused were tried in the Court of Additional Sessions Judge, Delhi. The prosecution examined 35 witnesses and also got exhibited the various documents. The trial judge recorded the statement of the accused under Section 313 Cr.P.C. The accused denied their role in the crime and examined two witnesses, namely, S.C. Kalra (DW-1) and Atul Katiyar (DW-2) in their defence.

9. The Additional Sessions Judge, Delhi after hearing the parties and on the basis of the evidence on record vide her Judgment dated September 30, 2008 held A-1, A-2, A-3 and A- 4 guilty of the offence under Section 302 read with Section 34 IPC and sentenced them to suffer imprisonment for life and a fine of Rs. 5000/- each with a default stipulation. A-4 was 5 convicted for the offence punishable under Section 27 of the Arms Act, 1959 as well. He was sentenced to rigorous imprisonment for three years and a fine of Rs. 2000/- with a default stipulation on that count. No offence against A-5 was proved beyond reasonable doubt and he was acquitted.

10. A-1, A-2, A-3 and A-4 filed four separate appeals before the High Court of Delhi. These four appeals were heard together by the Division Bench and vide judgment dated May 25, 2009, the appeals preferred by A-1, A-2 and A-3 were dismissed. Insofar as appeal of A-4 was concerned, the Division Bench maintained his conviction and sentence under Section 302/34, IPC but as regards his conviction under Section 27 of the Arms Act, 1959, it was altered to the offence under Section 25 of the Arms Act, 1959. He was sentenced to suffer rigorous imprisonment for three years and a fine in the sum of Rs. 2000/- with a default stipulation for that offence.

18. PW-11 is the younger brother of the deceased. In his deposition, he stated that on July 8, 2006 at about 9.15 to 9.20 p.m., he along with his brother Murari, PW-7 and PW-8 was standing in front of Ahuja Clinic. A-2 along with one person came on motorcycle and threatened his brother, "Murari Mai Tujhe Zinda Nahi Chhodunga" and left. A-2 came again after 5- 10 minutes with A-1, A-3, A-4 and A-5. A-2 then pointed 12 towards his brother and told to A-4, "yeh hai Murari". A-1 and A- 3 said, "Maar saale ko goli". A-4 then took out a Katta from the right pocket of his trouser and put that on the left side of the chest of his brother and fired. The accused then ran away from the spot. He further deposed that PW-7 and PW-8 took Murari to the hospital in a three wheeler; he informed the police that his brother had been shot at and he also received a phone call from PW-7 or PW-8 telling him that they had taken his brother to Parmarth Hospital first and then to Hindu Rao Hospital. Since complete facts were not deposed by PW-11, the court permitted the public prosecutor to put leading questions to him. The defence extensively cross-examined PW-11.

24. Both the appeals are, accordingly, dismissed.

(R.M. Lodha) NEW DELHI, JANUARY 4, 2011 21