JAI BHAGWAN Vs. STATE

JUDGEMENT

(1.) . Jai Bhagwan has moved this application under Section 438 read with Section 482 of the Criminal Procedure Code (hereinafter referred to as the .'Code') for his release in anticipation of his arrest for offence under Section 302,307,452 read with Section 34, Indian Penal Code in FIR No.377/93, Police Station Timarpur.

(2.) . An incident took place at about 6.00 am. on 23.11.1993 at plot No.l47, Garhi B rari, near Burari Masjid, Burari, Delhi, in which two persons, viz. Kamil son of Sahid; and Wahid Ali son of Nabhi Baksh lost their lives while Sajjid Ahmed son of Wahid Ahmed sustained injuries. FIR was recorded on the statement of Aneez Ahmed son of Shri Wahid Ahmed resident of Village Garhi Burari, Burari, Delhi. According to this statement Aneez Ahmed was aged about 21 years and a student of XIIth Class. On that date he alongwith his father Wahid Ahmed, brother Sajeed Ali, cousin brother Kamil, Uncle Shahid Ahmed, mother Kaneeza Begum and grand-mother was present at their plot and about 6.00 am. Ram Kishore, Alimuddin @ Bona, Ramphal Pradhan and his son Pinto, residents of Village Burari, known to him earlier, came at the plot. he went on to state that Ramphal Pradhan and Pinto stood outside the plot while Ram Kishore enquired from his father Wahid Ahmed as to how he dared to come to the plot to which a reply was given that the plot belonged to him and they were staying on the plot. He went on to state that Alimuddin @Bona gave exhortation to Ram Kishore, upon which Ram Kishore took out a pistol from his right hand pocket of his pant and started firing as a result of which his father Wahid Ahmed, cousin brother Kamil and Sajid sustained bullet injuries. Ram Kishore, Alimuddin, Ramphal Pradhan and Pinto started running when Shahid Ahmed chased all the four persons. He went on to state that Ramphal Pradhan and Pinto managed to escape while Ram Kishore and Alimuddin were apprehended and the pistol was snatched from Ram Kishore. He went on to state that Ram Kishore and Alimuddin managed to escape and in the meantime a P.C.R. van came and with their help both Ram Kishore and Alimuddin were apprehended when the pistol which was snatched from Ram Kishore was handed over to his mother. Station House Officer, Police Station, Timarpur, made his endorsement on the statement of Aneez. Ahmed and sent the same to Police Station Timarpur, on the basis of which the case was registered.

(3.) . I have heard Shri P.N. Lekhi, learned Senior Advocate for the petitioner and Shri R.D. Jolly, learned counsel for the State.