VINOD Vs. STATE

JUDGEMENT

(1.) Vinod @ Ganja was convicted for offence punishable under Sections 302/34 IPC and 307/34 IPC along with one Aman Verma vide the impugned judgment dated March 21, 2000 and directed to undergo life imprisonment for offence punishable under Sections 302/34 IPC and rigorous imprisonment for a period of seven years and fine of Rs.2,000/ - for offence punishable under Sections 307/34 IPC. During the pendency of the appeal Aman Verma passed away and thus the appeal filed by him being Crl.Appeal No.402/2000 stood abated vide order dated March 12, 2010.

(2.) Pursuant to DD No.16A received on the intervening night of February 15/16, 1992 from Burari Road near RBTB Hospital, Sabzi Market by the PCR van, the police officials of PS Mukherjee Nagar reached the spot. In the meantime, PCR van had already taken Rajender Kalra and his wife Rashmi Kalra to Hindu Rao Hospital where Rajender Kalra was declared brought dead. At the spot Inspector Ramesh along with the police officers found Maruti Car bearing No.DNH -2854 with gunshot marks on the window pane and blood inside and outside the car. On reaching Hindu Rao Hospital, MLC of Rajender Kalra declaring him brought dead was collected however, no statement of Rashmi Kalra his wife could be recorded as she was crying bitterly and was not in a position to get her statement recorded. The investigating officer also received an information that one more injured in the incident, Tanender Tandon was admitted in Sunder Lal Jain Hospital, thus they went to Sunder Lal Jain Hospital where initially though Tanender Tandon was declared unfit for statement but subsequently on being declared fit for statement, his statement was recorded on the basis of which FIR No.40/1992 under Sections 302/307/34 IPC and Section 27 Arms Act was registered. From the spot three cartridge cases, blood and blood stained earth etc. were collected.

(3.) Tanender Tandon stated that he was working as a transporter and staying in Faridabad. On February 15, 1992 he had come to attend the reception of his relative Kawal @ Sheru organised near Kawal's House No.57, Bhai Parmanand Colony, Delhi along with his wife Dazy Tandon, his brother -in -law Rajender Kalra and his wife Rashmi Kalra and their two children Punit Kalra and Nishu Kalra from Faridabad in their Maruti Car No.DNH -2854. They had parked their Maruti Car outside the reception gate in the parking lot. When they came out after attending the reception at about 11.30 PM accompanied by one Pankaj, they found that another car had been parked in front of their car. On their asking to remove the car, an altercation took place with a boy aged 27/28 years. Many persons reached there, intervened and pacified the matter. Thereafter the accused persons removed their car and Rajender Kalra who was driving the car along with the family and Pankaj proceeded towards Faridabad. They had hardly travelled a distance of 1/1 1/2 kms from the place of reception and reached near RBTB Hospital, Kingsway Camp when gunshot was fired from behind and thereafter a car came parallel to their car on the right side from which car one person fired. Rajender received a gunshot injury on his head whereas Tanender received it on his right shoulder. While firing the two boys proceeded towards Azadpur. He stated that the two boys in the car were the same with whom they had altercation outside the reception at the parking, one of whom was driving the car and the other had fired gunshots and he could identify them on seeing. Rajender Kalra was taken by the PCR van and he was admitted in Sunder Lal Jain Hospital by his relative Gopal Kishan.