DEEPAK SHARMA Vs. STATE

JUDGEMENT

(1.) THE appellant Deepak Sharma is absconding and proceedings under Section 82/83 of the Code of Criminal Procedure, 1973 (Cr.P.C., for short) have been initiated against him. The appellant was released on interim bail for 45 days vide order dated 28th July, 1999 which was extended till 29th September, 1999 by order dated 14th September, 1999. On 29th September, 1999 request for further extension of bail was rejected. Order sheet dated 16th November, 2006 reveals that the appellant did not surrender on or after 29th September, 1999 and had remained absconding. In the meanwhile, the appeal has come up for hearing in normal course and we have heard Ms. Inderjeet Sidhu, Advocate as amicus curiae for the appellant. The appellant has been convicted for murder of Shyam Lal Verma, in the intervening night between 9th and 10th September, 1996 at about 11.45 PM outside his residence at 1337/8 Govind Puri, New Delhi. Conviction arises out of Sessions Case No. 16/1997 relating to FIR No. 569/1996 P.S. Kalkaji.

(2.) HOMICIDAL death suffered by Shyam Lal Verma has been proved and established beyond doubt in view of testimony of Dr. O.P. Murthy (PW7) who had conducted post mortem on the body of Shyam Lal Verma on 10th September, 1996. He has deposed that the deceased was wearing white kurta pyjama which was soaked with blood and showed one crenated hole of 1.7 x 1.00 cm on medial end hand with small punched out hole of .2 x.1cm in an area of 30X20 cms. The hole in the kurta was corresponding to the entry wound in the chest and corresponding part of the right arm. The vest worn by the deceased had corresponding holes. As per the post mortem, deceased had suffered fire arm entry wound of 2 x 1.2 cms obliquely placed on the front of right side of the chest. The bullet measuring 3.3 cm in length with base 0.7 cm, was found lodged in the spinal column which was sealed and handed over to the Investigating Officer. It had round nose and cupro nickel jacket. The cause of death as opined in the post mortem was hemorrhagic shock consequent upon fire arm injury caused by a discharged bullet from a distance of about one and a half feet. The post mortem report was marked Ex. PW7/A.

(3.) LEARNED amicus curiae has submitted that the involvement of the appellant is debatable as there was delay in making the FIR in which the appellant was named and the FIR when read with Police Control Room form Ex. P1, indicates that none of the so -called eyewitnesses had actually seen the appellant Deepak Sharma firing. It was pointed out that Ram Pal (PW3), neighbour of the deceased, has not supported the prosecution version. Ashok Kumar Taneja (PW4) another neighbour had accepted in his cross -examination that perhaps the appellant had killed the deceased Shyam Lal Verma due to enmity. It was argued that this was a case of suspicion and doubt.