PRAMOD KUMAR Vs. STATE (GNCT) OF DELHI

JUDGEMENT

(1.) On 19.3.1999, SI Prahlad Singh along Ct. Baljit Singh went to Village Gittorni where Inspector Mohd. Iqbal, PW-16, had reached along with his staff. After some time, ACP, Delhi Cantt., arrived at the spot. On enquiry, they came to know that one constable of P.S. Hauz Khas, namely, Maharaj Singh, having suffered a gun shot injury, had been taken to the hospital. The Head Constable Samar Singh narrated the occurrence to the effect that he along with other officials had received information about the presence of Pramod Kumar, a proclaimed offender of PS Hauz Khas, was hiding in the house of Chander Pal and about 4.30 p.m., they reached Village Gittorni and as per the instruction of SI Jaswinder Singh, he and Ct. Maharaj Singh went to the place to obtain information about the presence of Pramod Kumar and SI Jaswinder Singh waited along with the staff at a distance of 100 meters from the house of Chander Pal. When he and Maharaj Singh reached near the house of Chander Pal, accused Pramod Kumar was standing outside the room. Maharaj Singh disclosed his identity to him and asked him to surrender, but, Pramod Kumar, instead of surrendering, took out a knife from his shirt pocket with his left hand and tried to assault. However, immediately he was caught hold of by Maharaj Singh from the rear and both of them grappled with each other for some time. The Head Constable, Samar Singh, tried to snatch the knife from the hands of Pramod Kumar and ultimately he was successful in snatching away the knife from his hands but, at that juncture, Pramod Kumar took out a desi katta and fired at Maharaj Singh and the bullet hit in the stomach area. Hearing the sound, the villagers surrounded and assaulted Pramod Kumar. During that time, SI Jaswinder Singh came to the spot along with his staff and injured Maharaj Singh was taken to the hospital. Desi katta and knife which were seized from the accused were given to the IO by Samar Singh. As further revealed, accused Pramod Kumar was apprehended and five cartridges were recovered and on the basis of the statement of Samar Singh, an FIR was registered under Section 307 of the Indian Penal Code (for short "IPC"). When Maharaj Singh succumbed to his injuries, the case was converted to one under Section 302 IPC. The bullet that had hit the stomach of the deceased was kept in a sealed cover and the same was sent to F.S.L. Malviya Nagar and ultimately, on completion of the investigation, charge-sheet was filed in the competent court which, in turn, committed the matter to the Court of Session. Be it noted, after hearing the accused, charges under Sections 186/332 and 302 IPC were framed and separate charges under Sections 25 and 27 of the Arms Act,1959 were also framed against the accused-appellant.

(2.) The accused pleaded not guilty and claimed to be tried.

(3.) The prosecution, in order to establish its case, examined 19 witnesses and got number of documents exhibited.