MOHD ANWAR Vs. STATE OF DELHI

JUDGEMENT

(1.) Appellants were convicted for the offence punishable under Sections 302, 307 read with Section 34, I. P. C. and Section 5, TADA Act, 1987 by the Designated Court, Delhi vide its judgment and orders dated 6-8-1999/13-8-1999 in Sessions Case No. 7/97 and FIR No. 279/92. It is alleged that in the broad day light, in the presence of police party, Khalil Ahmad-informer of the police, was murdered by Mohd. Anwar by firing of shot from the revolver. It is the prosecution version that there was information about activities of dacoits in Delhi, which was conveyed to SI Pankaj Singh. On 19-9-1992, SI Pankaj Singh along with the deceased-informer Khalil, SI Shiv Lal (PW 3), ASI Raghbir Singh (PW 1), Constable Devender (PW 16), Constable Ramesh, Constable Satbir Singh (PW 13) and Constable Jagpal (PW 10) went for patrolling near Naulakha Niwas, Model Basti, Delhi. At about 1.50 p.m., three boys were seen coming to Model Basti from Rani Jhansi Road. On seeing the police party, they turned back and started running. At that time, informer Khalil pointed out towards them. The police party chased those three boys in their vehicles by taking the same to the wrong side of the road. When the police party reached quite near those boys near police quarters at Ahata Kedara, the third boy succeeded in running away while the present appellants took out their weapons i.e. Anwar took out his revolver and Tasleem took out his pistol. As soon as, SI Pankaj alighted from the vehicle in order to apprehend the accused, Tasleem asked his companion "Maro Salon Ko". At this, accused Anwar who was holding revolver in his hand fired therefrom. The bullet hit at the left side chest of Khalil, who was just alighting from the police vehicle. SI Shiv Lal immediately made Khalil to sit in the vehicle. At that stage, SI Pankaj Singh and ASI Raghbir Singh fired two rounds each in reply. Both the accused also continued to fire and retreat. They were appehended at the main gate of police colony, Ahata Kedara. ASI Raghbir Singh apprehended accused Tasleem and SI Pankaj Singh apprehended accused Anwar with the help of constable Satbir and other staff. At that time, because of commotion, crowd collected and some persons out of the crowd also started beating the accused persons due to anger but the police rescued them. Injured Khalil was sent to the hospital along with SI Shiv Lal. From accused Anwar, English made revolver of .32 bore, which was in his hands, was seized and on checking its chamber four cartridges cases and two live cartridges were found. On further search, six more live cartridges were recovered from the right side pocket of his pants. It is also contended that from accused Tasleem a country made .315 pistol, which was in his hands, was seized. On checking the said pistol, one cartridge case was found in chamber and on further search five more live cartridges were recovered from the right side pocket of pants of the accused. On interrogation, the accused disclosed the name of their third accomplice as Salim alias Pinny, who was also arrested.

(2.) It has been contended that at the initial stage, police registered a case under Section 307 read with Section 34, I. P. C. and Section 5, TADA Act. However, after receipt of information from SI Shiv Lal, who had gone to the hospital along with the injured Khalil, that Khalil was declared brought dead to the hospital, offence under Section 302, I. P. C. was added. After completion of the inquiry, charge sheet was submitted against the appellants, Salim and other three persons. As there was no evidence against Salim and other three persons, they were discharged. It is the defence of the accused that the entire police version is false and that they were lifted from their houses and were roped in this case. After considering the evidence, which was led by the prosecution, the appellants have been convicted by the designated court.

(3.) Against the said judgment and order both the accused have filed separate appeals. Mohd. Anwar has filed Criminal Appeal No. 1045 of 1999 and Tasleem has filed Criminal Appeal No. 1175 of 1999 against their conviction and sentence.