MANOJ KUMAR Vs. STATE

JUDGEMENT

(1.) THE police swung into action on March 27, 1993 at about 10.15 A.M. when one Bhupinder Singh PW -21, came to PS Civil Lines and informed Insp.B.S.Dahiya PW -50, that appellant Manoj is firing shots at his (Bhupinder s) father near Quarter No.F -1, Police Colony, Civil Lines, Delhi.

(2.) ACCOMPANIED by SI Prakash Chand PW -24, SI D.D.Sharma PW -30, SI Dharambir Singh PW -33, SI G.D.Pathak PW -23, Ct.Babu Lal PW -31, Ct.Pradeep Kumar PW -40, Ct.Hari Sikander Singh PW -39 and HC Om Prakash PW -12 and Insp.B.S.Dahiya reached the spot. What happened thereafter is recorded in the endorsement (rukka) Ex.PW -50/A made by Insp.B.S.Dahiya which reads as under : - Respected Duty Officer PS Civil Lines it is humbly submitted that today Shri Bhupinder Singh came to the office and informed me that Manoj is firing shots at his father. On receipt of said information, I along with SI Prakash Chand, SI DD Sharma, SI Pankaj Sharma, SI Dharambir Singh, SI GD Pathak, HC Ilam Singh No.168/N, Ct. Babu Lal No.1978/N, Ct. Pradeep Kumar No.421/N, Ct. Harisikander Singh No.555/N (Armed), HC Om Prakash No.315/N and Wireless Operator Subhey Singh 893/N and Bhupinder Singh reached the spot where Manoj was firing indiscriminately from a gun and he was accompanied by Sunil who was having a rod who was having an iron rod in his hand. On seeing the things getting out of control I ordered HC Harisikander Singh No.555/N (Armed) to fire a round in the air whereupon Ct. Harisikander Singh fired a round in air from his government vehicle. Manoj and Sunil were overpowered after creating pressure upon them from all four sides. A single barrel gun of 12 Bore No.14798/1981 on which Bharat Small Arms (P) LTD Body and Barrel were inscribed and a dark brown raxine bag containing 22 cartridges was found in the hand of Manoj. On checking the gun a live cartridge was found therein. 12 special was inscribed on one live cartridge found loaded in the gun and 22 cartridges recovered from possession of Manoj. The aforesaid gun, cartridge found loaded in the gun, 22 cartridges and raxine bag have sealed in separate pulindas with seal of BSD and handed over to SI Prakash Chand who is present at the spot. It has been known that Mrs.Kanta Sharma, Shri Vinod Kumar Joshi, Smt. Bishambari Devi, Sudesh Kumar, Subash Chander, Shri Onkar Prasad, Smt. Mani Devi, Ramesh Chand Tyagi, Miss Indu, Miss Nisha, Shri Naresh Kumar, Sanjay, Shri Mahendra Singh and Babu Lal who were witnessing the incident from quarters and present at the spot have received injuries due to firing of shots and been removed to Bara Hindu Rao hospital by a PCR. Crime Team, photographers have been called. The statements of witnesses reveal the commission of an offence punishable under Section 307/34 IPC and Sections 25/27/54/59 of Arms Act. Hence, this writing is being sent to the Duty Officer for registration of a case. I am conducting investigation.Date and hour of occurrence: 27.3.93 at 8.30 A.M. Place of occurrence: Police Colony Civil Lines near Q. No.F -1. Date and hour of dispatch: 27.3.93 at 10.15 A.M. (Translated Version)

(3.) THE endorsement afore -noted on basis whereof the FIR was registered was preceded by Insp.B.S.Dahiya recording the statement Ex.PW -21/A of Bhupinder Singh, the gist whereof is that he resides with his parents at Quarter No.72, Civil Lines, Delhi and his father is employed as an ASI (Driver) in Delhi Police. On March 22, 1993 at about 06.30 A.M. he was exercising in a park with his friends Rakesh and Satender, when his neighbours Manoj and Sunil who are sons of Ct.Bishambhar Dayal came and started abusing him for having defamed their sister Nisha in the colony. They threatened him that they would kill him if he would not mend his ways and went away. He returned to his house and apprised his brother Jitender Singh about the incident at which Jitender Singh went to the house of Manoj and Sunil and counselled them not to fight with him. Today i.e. March 27, 1993, at about 08.30 A.M. when Rakesh, Satender and he were returning to their respective houses after exercising they met his father at the gate outside PS Civil Lines who also started walking along with them. As they reached Quarter No.F -1 behind PS Civil Lines, Sunil who was already standing there started abusing him and his father. Sunil took out a knife from the pant of his pocket but he and his father overpowered him and proceeded towards the police station at which Sunil started shouting. Suddenly they heard firing sound from a firearm and saw appellant Manoj, brother of Sunil, coming from his house with a gun. Manoj fired a shot at his father who fell down being hit by a bullet on his left hip. Rakesh and Satender got busy in lifting his father and he i.e. Bhupinder went to the police station to inform the police about the incident. SHO PS Civil Lines along with his staff immediately came to the spot. The sound(s) of firing of shots was still being heard when he along with the police reached the spot. The police officers overpowered Manoj and Sunil. He learnt that Manoj had injured many persons by firing shots from his gun.