DHARMENDRA KUMAR TANDON Vs. STATE

JUDGEMENT

(1.) Present appeal has been filed by the appellant-accused challenging the judgment as well as order on sentence both dated 4 th September, 2017 passed by the Additional Sessions Judge (Central), Tis Hazari Courts, Delhi in Sessions Case No.12/2013 arising from FIR No.147/2012 under Sections 302/307/452 IPC and Sections 25/54/59 of Arms Act registered with PS Rajinder Nagar, whereby the appellant-accused has been convicted under Sections 302/307/452 IPC and sentenced to life imprisonment under Section 302 IPC and imprisonment for seven years under Sections 307/452 IPC.

(2.) The relevant facts of the present case are that one Sangeeta Kaur was employed as a maid servant in the house of the deceased-Dr. Sanjeev Dhawan and also used to reside in his house viz. House No.49/50 (Basement, Ground and First Floor), New Rajinder Nagar. It is alleged that the appellant-accused, a former armyman married to Mrs. Ramin Tandon, contacted the deceased-Dr. Sanjeev Dhawan telephonically and at his office, i.e., Sir Ganga Ram Hospital, demanding that his 'wife' Sangeeta Kaur be handed over to him. However, the deceased-Dr. Sanjeev Dhawan, in accordance with instruction of Sangeeta Kaur, refused to do the same. Consequently, on the intervening night of 18/19, September, 2012, at about 2.30 a.m., the appellant-accused, in an endeavour to forcibly retrieve Sangeeta Kaur, broke into the house of Shri Tarun Kalra (PW-26), from the Second Floor balcony, holding a gun in his hand and started calling out for Sangeeta Kaur. Wife of Shri Tarun Kalra (PW-26) apprised the appellantaccused that Sangeeta Kaur worked in the house of the deceased-Dr. Sanjeev Dhawan. The appellant-accused attempted to flee, but on finding the door locked, he instructed Shri Tarun Kalra (PW-26) to open the same. While Shri Tarun Kalra (PW-26) was opening the door, the appellantaccused caught hold of him and directed him to take the appellant-accused to the correct house. In the stairs leading to the house of the deceased-Dr. Sanjeev Dhawan, a scuffle ensued between the two and they tumbled down the stairs while grappling with each other, during which Shri Tarun Kalra (PW-26) snatched the gun from the appellant-accused and ran. The appellant-accused chased Shri Tarun Kalra (PW-26) and attacked him with an axe, which slit the clothes of Shri Tarun Kalra (PW-26). The appellantaccused regained control of the gun and fired at Shri Tarun Kalra (PW-26), but he ran into the house of Shri Naresh Goel (PW-18), who pulled Shri Tarun Kalra (PW-26) inside the house. Hearing the noise, the deceased-Dr. Sanjeev Dhawan and his son, Shri Sarthak Dhawan (PW-13) came out on their first floor balcony. The appellant-accused fired from the road itself the fatal shot at the deceased-Dr. Sanjeev Dhawan.

(3.) The relevant portion of the trial court judgment is reproduced hereinbelow:-