KALYAN SHARMA Vs. STATE

JUDGEMENT

(1.) THIS Appeal is directed against the judgment dated 23.08.1997 and the order on sentence dated 28.08.1997 whereby the Appellant was convicted for the offence punishable under Section 302 Indian Penal Code (IPC) and was sentenced to undergo imprisonment for life and to pay the fine of '1,000/- or in default of payment of fine to undergo simple Imprisonment for three months.

(2.) APPELLANT Kalyan Sharma was employed as a security guard at Firdos Farm House (the farm), situated at Bijwasan Road, Najafgarh. On 20.04.1994 at about 5:40 P.M. Sarwan Singh (PW-1) and the APPELLANT were present at the main gate of the farm. The other security personnel working in the farm were also on duty. APPELLANT was holding a .315 bore rifle.

(3.) THE Appellant was captured by PW-8 ASI S.P.Muthu and other police personnel from inside the service lane near the main road. THE PCR team took the Appellant to the spot i.e. in front of the farm gate. PW-8 noticed the deceased lying injured in the Maruti Car. THE deceased was shifted to the PCR van and immediately removed to Safdarjung Hospital where he was declared "brought dead" by the doctor on duty at the Casualty ward.