STATE Vs. NITIN GUNWANT SHAH AND ORS.

JUDGEMENT

(1.) These appeals, by special leave, have been directed against the judgment and order dated February 22, 2007 passed by the High Court of Delhi at New Delhi in Criminal Appeal Nos.519/2006 and 527/2006, whereby the High Court allowed the criminal appeals filed by the respondents herein and acquitted both of them.

(2.) The facts giving rise to these appeals, briefly stated, are that in the morning of August 2, 1992, when one Lalit Suneja was returning to his house after offering prayers to God, he was shot dead by two unknown persons near to his house. A neighbour, namely Nerendra Pal Naresh, who happened to pass through that street, set the law into motion by informing the police. FIR No.258/1992 was registered by the said Nerendra Pal Naresh at P.S. Shakarpur, East Delhi, about the incident. During investigation, the Investigating Officer came across a complaint Ext. PW15/A1 lodged in the name of Lalit Suneja at P.S. Nizamuddin, New Delhi. Investigation was thrown into the case and the following story was disclosed by the prosecution:

(3.) Accused Nitin Shah was carrying on his business through a proprietary concern M/s. Simnit Enterprises and he had employed Lalit Suneja (deceased) as its distributor in the Northern Region. Both the employer and the employee were at loggerhead for sometime on account of some payment. When the matter could not be settled, accused Nitin Shah requested his friend Om Prakash Srivastava @ Babloo to eliminate Lalit Suneja and assured him to provide cash likely to be spent in doing the act. Accused Om Prakash Srivastava intrigued with co-accused persons to bring the design to fruition and accordingly accused Manish Dixit was hired to execute the task for Rs.1,00,000/-. On 2nd August, 1992, accused Virender Pant @ Chhoto (since deceased) took accused Manish Dixit on a motor-bike Yamaha bearing No.DL-1SD-4680, to the spot. Accused Manish Dixit shot dead Lalit Suneja and fled away from the spot on the same motor-bike described above being driven by accused Virender Pant and reached to co-accused Manjeet Singh who was waiting for them in a car bearing No.DL-1CB-7874, at Yamuna Pusta near Bank Enclave. They exchanged their vehicles and rushed to accused Om Prakash Srivastava and returned him the motor bike and pistol used in the crime. Accused Om Prakash Srivastava paid Rs.50,000/- to each of the accused Virender Pant and Manjeet Singh for driving aforesaid motor-bike and car, in order to facilitate accused Manish Dixit in killing the deceased.