GURDEEP SINGH DEEP Vs. STATE DELHI ADMN

JUDGEMENT

(1.) The appellant-convict has filed this appeal against his conviction under Sections 302, 324 of the Indian Penal Code and Section 5(a)(b) of the Explosive Substances Act, 1908 by the Designated Court No. III, Karkardooma Courts, Delhi. He has been sentenced under Section 302 to undergo life imprisonment and to pay a fine of Rs. 3 lakhs. Out of which one lakh each is to be paid to the nearest relatives of three deceased persons. In the case of default of this non-payment, he shall also undergo rigorous imprisonment (RI) for a further period of three years. He is also sentenced RI for a period of three years under Section 324, IPC with a fine of Rs. 20,000/-. Out of which Rs. 10,000/- each is to be paid to the two injured persons. In the case of default he has further to undergo RI for a period of 6 months. He is also sentenced to undergo RI for two years under Section 9(b)(2) of the Explosive Substances Act, 1908 with a fine of Rs. 5,000/-. In the case of default of this non-payment, he shall further undergo RI for two months.

(2.) In order to appreciate issues in the appeal we are hereby giving short matrix of facts.

(3.) According to the prosecution case of 6th October, 1990 at about 6.10 p.m. a bomb exploded near Chilla Engulator 'T' Point killing three persons and injuring two persons at NOIDA Road near Samachar Apartments. The deceased persons were Prit Pal Singh, Jaspal Singh and Satish Bajaj. The information about bomb explosion soon thereafter was given by passerby who informed the nearest Police Control Room van and from where the message was flashed to the Police Control Room. Om Pal Tanwar, PW 3, received the said message on the said date at 6.07 p.m. Thereafter, Inspector Jeet Singh Joon, PW 15, proceeded to the spot. He found two dead bodies lying on the spot. These bodies were split into pieces lying on the road and one three wheeler scooter (TSR) was found badly mutilated. One cycle was also found similarly. There were three injured persons lying near the said spot. They were removed to JPN Hospital. One of the injured, namely, Satish Bajaj succumbed to his injuries in the hospital. One of the deceased, namely, Prit Pal Singh was identified with the help of his driving licence which was in his pocket. Since driving licence was having his photograph and address, the Investigating Officer was able to contact his relative, namely, Pragat Singh, who is one of the accused in this case. After recording the statement of Pragat Singh and getting the identification of the deceased persons the aforesaid three dead bodies were sent for post mortem. It is through Pragat Singh that Police was able to know the involvement of Gurdeep Singh, the present appellant. It is significant that out of the three deceased two, namely, Prit Pal Singh and Jaspal Singh were closely related to the accused Pragat Singh and his wife Balbir Kaur who was also accused. The deceased Prit Pal Singh was the adopted son of the accused Pragat Singh and Balbir Kaur, while deceased Jaspal Singh was the nephew of the accused Pragat Singh.