SATENDER SOLANKI Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Vide this appeal, the appellant is assailing the judgment dtd. 29/4/2019 ('impugned judgment' in short) passed by Ld. ASJ-02, Fast Track Court (FTC), New Delhi District, Patiala House Courts, New Delhi, whereby the appellant was convicted for the offences punishable under Sec. 302/307 read with Sec. 34 Indian Penal Code, 1860 ('IPC' in short), in FIR/crime no. 317/1997, Police Station Civil Lines, Meerut, UP ; and order on sentence dtd. 7/5/2019, whereby the appellant was sentenced to undergo rigorous imprisonment for life and fine of Rs.25,000.00, in default of payment of fine to undergo simple imprisonment for one year for the offence under Sec. 302 IPC; the appellant was also sentenced to rigorous imprisonment for life and fine of Rs.25,000.00. in default of payment of fine to undergo simple imprisonment for one year for the offence under Sec. 307 IPC. The appellant was also directed to pay compensation of Rs.5.00 Lacs each to the LRs of the deceased/injured- his dependents, recoverable in the manner as provided in Sec. 421 Cr.PC

(2.) Briefly stating, the prosecution case is, that on 24/6/1997, one Inder Pal Dhaka along with Ashok Kumar was travelling in a Maruti car bearing registration number UP 15E-7042 from his residence to University. At about 10.00 am, when they reached near the Green Nursery (next to Suri Nursing Home), complainant Amarpal Singh Dhaka (PW-1), elder brother of Inder Pal Dhaka and advocate by profession, saw his brother coming from front side. On seeing them, PW-1 Inder Pal Dhaka had stopped his car. Suddenly, Satender Solanki/the appellant and his brother Billu, sons of Krishan Singh @ Kishan Chand, resident of Village Jiwana Guliyan, P.S. Binaoli, District Meerut, came on a scooter and both of them started firing on Inderpal Dhaka, due to which he received many bullet injuries. When Ashok Kumar objected to it, the appellant also fired at Ashok Kumar, which hit him on his hip. Out of fear, said Ashok Kumar hid himself in front of the seat. After firing, the assailants said 'kaam ho gaya hai jaldi bhag jao' and ran away. Thereafter, the complainant Amarpal Singh Dhaka with the help the persons gathered at the spot, took both the injured namely Ashok Kumar and his brother Inderpal Singh to Suri Nursing Home, where the doctors declared Inderpal Dhaka as brought dead. Thereafter, injured Ashok Kumar was got admitted in Medical College, Meerut, where he was treated and discharged on 30/6/1997. PW-1 Amarpal Singh Dhaka made a written complaint (Ex. K-1) on the basis of the which, present FIR (Ex. K-7) came to the registered at PS Civil Lines, Meerut, UP and investigation was assigned to PW-11A Ins. Prakash Chand Pathak, Inspector, PS Civil Lines, UP.

(3.) In order to prove its case, the prosecution examined 19 witnesses. The appellant also examined two defence witnesses namely DW-1 Mr. Bhupinder Singh and DW-2 Rampal.