RAJINDER KUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) Appellant Rajinder Kumar Sharma was tried by an Additional Sessions Judge for murder of Shri P.R. Sood, ( hereinafter referred to as the deceased), under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life vide judgment and order dated Aug., 31, 1992.

(2.) The facts leading to the present appeal which find a mention in the report undersection 173 Cr.P.C, F.I.R. and in the statements of the prosecution witnesses are as follows: that ASI Samey Singh during the intervening night of 6/7th January, 1988 was posted as Duty Officer at Police Station Chitranjan Park from 8.00 p.m. to 8.00 a.m. He received an information from Police Control Room through Inspector Gurdayal Chand, that he had been informed bysome un-known person with regard to an incident of firing at E-510, Greater Kailash, Part II, New Delhi. The said information was recorded at serial No. 15A in the daily diary ( vide Ex. PW13/A). A copy of the said report was prepared and handed over to ASI Hukam Chand (PW10) for the purposes of inquiry. On receipt of the said report ASI Hukam Chand alongwith Constable Kishan Singh left for the spot. SHO, Shri B.R. Pal (Public Witness 27) was also apprised of this fact who also alongwith Constable Lilu Ram (Public Witness 1) set out for the place of occurrence. ASI Hukam Chand met on the spot i.e. E-510, Greater Kailash, Part II, Narsin Singh (Public Witness 3) and Rajinder Kumar Yadav (Public Witness 2). He came to know over there that the deceased had already been removed to the hospital. Consequently, ASI Hukam Chand went to the hospital leaving behind Constable Kishan Singh (Public Witness 4) to guard the place of incident. He secured the injury report in respect of the deceased vide Ex. PW22/A. Herecorded the statement of PW3 Narain Singh ( vide Ex. PW3/A). He sent the same to the police station for registration of a formal F.I.R. trough Constable Lilu Ram (Public Witness 1) alongwith his endorsement (vide Ex. PWIO/A) whereupon the formal F.I.R. ( Ex. PW13/E) was recorded by ASI Samey Singh (Public Witness 13). Copies of the F.I.R. were despatched to the higher-ups, including the Metropolitan Magistrate concerned.

(3.) Narain Singh (Public Witness 3) in his statement informed the police that he was working as a Field Officer with a Company under the name and style of Seven Star Security. The deceased, Shri P.R. Sood was the Director of the said Company. A function was held in a park opposite the house of Shri B.L. Vohra resident of E-510, Greater Kailash, Part II, New Delhi, in order to celebrate the betrothal ceremony of a girl. A pavilion ('pandal') was put up in the park in order to celebrate the said function. Rajinder Kumar Sharma i.e. the appellant alongwith one Omvir, guardsman, was posted on the main gate. The guests who attended the said function had taken their supper. However, the appellant was not served any thing till 11.30 p.m. He thus felt very much annoyed. The deceased who reached there in order to supervise the arrangement of the security guards sent for the appellant through Lankush, another guard (Public Witness 14), to have his meals. On being requested so the appellant kicked the scooter belonging to the deceased which was parked on the road near the main gate and declared that he would not take the meals. PW14 Lankush thereupon returned and narrated the abovesaid fact to the deceased. The deceased on hearing the same came out of the pavilion ('pandal'). He, Rajinder Kumar Yadav (Public Witness 2) and Gian Parkash Dubey (PVV15) followed him. The deceased accosted the appellant and asked for the reason for kicking the scooter and for not having the meals. The appellant went into his tantrum and again declared that he would not take his meals. The deceased on hearing the same moved forward towards the appellant whereupon the appellant warned him not to approach him otherwise he would shoot him down. Even then the deceased continued to advance towards the appellant. The appellant retreated 15 or 20 paces from the gate of the pavilion. He then fired at thedeceased which hit him on the chest from the gun with which he was armed as a corollary whereof the deceased fell down by the side of the road. PW15 Gian Parkash Dubey tried to give support to the deceased. Rajinder Kumar Yadav (Public Witness 2) tried to apprehend the appellant. However, the appellant loaded his gun over again and fled from the spot towards W-Block,GreaterKailash. PW15 Gian Parkash Dubey and Lankush (Public Witness 14) removed the deceased to the AIIMS in a police van. Later on he succumbed to the injuries sustained at the hands of the appellant.