NEHRU JAIN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Leasurily moving marriage processions led by a band playing popular Hindi film tunes and a group of revelers dancing to such tunes is a common sight in this part of the country. To add gaiety to the occasion, some such processions add fireworks while some others would make public display of their affluence by freely throwing about currency notes or small change for the urchins to collect and make merry. The incident with which we are concerned in this appeal and which led to the death of a band man took place in the course of one such marriage procession. What distinguished this procession from others was the presence of the appellant among the marriage party with a licensed revolver from which he was firing shots. One of the bullets shot from the revolver is alleged to have hit the deceased Vikram, one of the members of the band party resulting in his death and a charge-sheet against the appellant for the commission of an offence punishable under Section 302 of the IPC. The trial Court has, on the basis of the evidence adduced before it, come to the conclusion that the prosecution has proved the charge against the appellant and accordingly convicted and sentenced him to undergo imprisonment for life. The present appeal assails the correctness of the said judgment and Order on sentence.

(2.) Information about a shooting incident having taken place in front of Tandoori Restaurant in Krishna Nagar was received in Krishna Nagar Police Station and recorded in DD entry No. 30-A, a copy whereof was handed over to SI Mukesh Tyagi of the said police station who rushed to the spot along with constable Subhash. On reaching the spot, SI Mukesh Tyagi was informed by Constable Surender Singh that the injured had been taken to GTB Hospital. SI Mukesh Tyagi arid Constable Surender Singh, therefore, reached to the hospital and obtained the MLC of injured who had been admitted with a head injury and was unfit to make a statement. Sanjay Sharma, the proprietor of "Master Band" which had been booked full time for that evening in the name of one Satish Kumar, however, made a statement to the police. Sharma deposed that he had sent a band consisting 15 persons to 78-A, Dilshad Garden, New Delhi headed by Master Jameel. The marriage procession had to proceed from Dilshad Garden to Krishna Nagar. He stated that when the procession reached near Tandoori Restaurant Lake, Krishna Nagar, he went there to check the band. The accused was, at that time, standing near the bride groom and was shooting from a revolver. One of the bullets shot by him hit Vikram in the head who was playing base drum. The entire staff of the band had seen the accused shooting. He further stated that he had taken the injured to the GTB hospital in his car and got him admitted there.

(3.) On the basis of the above statement, a case was registered for investigation by SI Mukesh Tyagi who got the spot photographed, seized the blood sample and earth control, prepared a site plan and took into possession three empty cartridges recovered from the spot. He also recovered a .32 bore revolver with 20 live cartridges and the arm licence from the residence of the appellant apart from recording the statement of the witnesses.