DINESH SINGH DALAL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Appellant, who is in custody for the last six years, has preferred this appeal challenging his conviction and sentence as ordered by the Special Judge, Central Bureau of Investigation (CBI for short) under Section 302 of the Indian Penal Code, 1860 (IPC for short) and 27 of the Arms Act, 1959 (the Act for short) vide judgment/ order dated 16.9.2008/ 18.9.2008.

(2.) Prosecution story, in brief, is that on 5.5.2001 complainant Sanjay Khattar was present in his house. At about 8/ 8.15 a.m, an unknown person aged about 30 years, wearing a striped shirt, plain pant of light brown colour and sports shoes, came there. The said person was of heavy built, fair complexion and was supporting small beard and was about 5 1/2 feet tall and spoke Haryanvi. The said person inquired from the mother of the complainant qua Raj Kumar Khattar, married elder brother of the complainant. Mother of the complainant told him that he (Raj Kumar) was sleeping in the room upstairs. The said person went on the roof and straightway entered the room of Raj Kumar Khattar. At that time Raj Kumar was sitting on the bed, wearing vest and pyjama. The said person inquired about the well being of Raj Kumar Khattar on entering the room. Raj Kumar called the complainant and asked him to bring two cold drinks. The complainant gave two cold drinks to them and came down stairs. Thereafter, somebody called on phone and said that he wanted to talk to Raj Kumar Khattar. The complainant had answered the phone call but he did not inquire about the name of the caller.

(3.) The complainant then went upstairs and told Raj Kumar that there was a phone call for him. Then Raj Kumar and the unknown person came down stairs with the cold drinks in their hands and Raj Kumar answered the phone call. Thereafter, both of them again went upstairs. After about 5 minutes, complainant heard the noise of the fire shot but he thought that some child must have burst a cracker and started taking tea. When the mother of the complainant went upstairs to spread clothes for drying, she saw that blood was lying under the bed of Raj Kumar. The mother of the complainant called him upstairs. When the complainant went upstairs, he saw that his brother Raj Kumar was lying in a pool of blood with his face downwards on the floor. The complainant came down stairs and made a phone call to police station, City Bahadurgarh in this regard. Then the complainant asked his brother Ram Lal Khattar to come home and narrated the entire occurrence to him. Thereafter, his brothers Ram Lal Khattar and Ved Parkash Khattar reached home. They took Raj Kumar Khattar to Civil Hospital, where he was declared dead.