KARAMJIT SINGH Vs. STATE DELHI ADMN

JUDGEMENT

(1.) This appeal filed by accused Karamjit Singh is directed against the Judgment/Order passed by the Designated Court-II, Delhi in Sessions Case No. 117/95. In the said case the appellant along with other three accused persons was tried on the charge under S. 120-B, S. 4(1) read with sub-secs. (3)(a) and (b) of the Terrorist and Disruptive Activities (Prevention) Act, 1985 and in addition the appellant was charged under S. 307, IPC, Section 4(1) sub-sec. (2)(1) of TADA and S. 6 of TADA.

(2.) The prosecution story shorn of unnecessary details, may be stated thus:On 2-10-1986, on the birth anniversary of Mahatma Gandhi, the President of India, the Prime Minister of India and other VIPs were to visit the Samadhi of Mahatma Gandhi at Rajghat for holding prayers. The Prime Minister and his wife along with their personal security officers arrived at the VIP gate Rajghat at about 6.50 a.m. As they were proceeding from the gate towards the Samadhi a shot was fired in the direction of the Prime Minister. The sound of the shot was heard and some disturbance was noticed in a flower bed on the right side of the VIP passage, 10-15 paces from the gate. On search a lead ball was recovered.

(3.) After the prayer ceremony the President, the Prime Minister and his wife and other VIPs accompanied by the security officers were returning from the Samadhi towards the gate a shot was fired in the direction of the Prime Minister followed by another shot in the same direction and as the Prime Minister reached the middle step approaching the VIP gate yet another shot was fired in the same direction. Though all the shots missed the target (Prime Minister) the third shot caused fire-arm injuries to six persons. One of the security officers noticing a trail of smoke emerging from the growth spread over the canopy, approached the spot, fired from his revolver into the growth and challenged the person to show up. Some other security officers also took similar steps. On being challenged by the security officers the appellant-Karamjit Singh stood up with a country-made pistol dropped it and surrendered. The .12 bore country-made pistol used by the appellant in the assassination attempt was seized. It was found containing one empty .12 bore K.F. cartridge inside the barrel. Some more cartridges and an empty shell of .12 bore cartridge were recovered at the place from where the appellant was hiding. Some other articles like a coloured 'chaddar', a tube of quickfix, a match box, a tube of odomos cream etc. were also found from the roof of the canopy.