JASWINDER SINGH @ JASSA Vs. STATE

JUDGEMENT

(1.) The present appeal has been preferred by the appellant-Jaswinder Singh @ Jassa under Section 374(2) Cr.P.C. against the judgment dated 08.08.2002 and order on sentence dated 12.08.2002 passed by learned Additional Sessions Judge, New Delhi whereby the appellant has been convicted under Section 302 IPC, and sentenced to undergo imprisonment for life and fine of Rs. 500/- and, in default of payment of fine, to further undergo imprisonment for six months.

(2.) The factual matrix, as emerging from the record, is that on 11.09.1997, an information was received in the police station through PCR that a man in house no.1/30, Mehrauli, Opposite Mother Dairy had been shot dead. The said information was lodged vide DD No.17A (Ex. PW-28/A) and was marked to SI N.K. Solanki PW-32, who reached the spot and recorded the statement of Jogeshwar PW-15 vide Ex. PW-15/A. In his statement, Jogeshwar stated that he was the domestic servant in the house of Harish Arora (deceased) at 1/30, Mehrauli for the last 6-7 years. On 11.09.1997 at about 1.00 p.m., when Jogeshwar was working in the kitchen, accused Jaswinder Singh @ Jassa came to meet his employer Harish Arora. Jassa asked Jogeshwar to tell Harish Arora that Jassa had come to meet him. Jogeshwar asked Jassa to sit in the drawing room and he went towards the room of Harish Arora, but Jassa came following him in the room of Harish Arora. Jogeshwar remained outside the room. Jassa said angrily to Harish Arora that he had instigated brother of Jassa, and people in Mehrauli against him. He further said that he had finished Rana, and that he would not let him live. Saying this, Jassa fired from a pistol at Harish Arora, who fell on the floor bleeding.

(3.) On the basis of the statement of Jogeshwar, case FIR was registered vide Ex. PW-28/D. The crime team reached the spot which included a finger print expert and photographer. From the spot, two empty cartridges and one live cartridge of 7.65 bore were recovered and seized vide Ex. PW-32/B. Blood was lifted from the spot vide Ex. PW-32/D. The dead body of the deceased was sent for postmortem.