SANJAY DUTTA Vs. STATE OF J&K

JUDGEMENT

(1.) THIS Appeal is directed against the JUDGMENT of Sessions Judge, Jammu in File No. 12/Sessions dated August 30, 1996. Accused has been convicted and sentenced for offence under Section 302 RPC to imprisonment for life and pay fine of Rs.50,000/ -, in addition two year imprison ­ment and fine of Rs. 5,000/ - for offence un ­der section 3/25 Arms Act. In default of pay ­ment of fine, accused has been ordered to suffer six months and three months impris ­onment respectively for the two offences. However, the sentences are to run concur ­rently. Fine on deposit has been directed to be paid to the parents of deceased. Pros ­ecution case briefly is as under:

(2.) AT 81 -A, Gandhi Nagar, Jammu, in the morning of December 24, 1993, deceased Naveen Chander Katyal was fired at. At this time, deceased was working in the room while Sanjeev Mengi, partner in business, was sleeping in the aden he h eard abnormal sound at 6.15 a.m and came in the front of his room and saw the deceased lying on the ground profusely wounded and bleeding. He called the land ­lords living on the ground floor, who came and helped in carrying the deceased into the vehi ­cle Maruti Car No. JKU -6428 to Government Gandhi Nagar Hospital, Jammu, but on ac ­count of non -availability of proper treatment shifted to Government Medical College, Jammu along with Rakesh, Medical Assist ­ant, Government Gandhi Nagar Hospital at 7.00 a.m. where Doctor Incharge declared him dead. Sanjeev Mengi lodged written report of the incident at Police Station, Gandhi Nagar, Jammu on the same day at 7.30 a.m. which reads:

(3.) ACCORDINGLY , case for offence under section 302 RPC and 3/25 Arms Act was registered. During investigation, it was found that accused Sanjay Dutta married Sangita in August 1993. She was Lecturer in Apex Tutorial, Gandhi Nagar, of which deceased was the Director and Sanjeev Mengi, Execu ­tive Director. Accused suspected illicit rela ­tion of his wife with the deceased and was entertaining grouse against him. Conse ­quently, he absented himself from his Unit 2/9 GRA Coy. located at Jhandawalla Mehra Singla Fazilka Punjab D. C. B. on December 23, 1993 alongwith Hav. Shiv Bahadur Chhatri of his Unit, came to Abohar in Maruti Car DAC -1775 owned by Sukhwant Singh from Jhandawlla Mehra Singla Punjab. Then in Maruti Car No. DBA -1884 of Iqbal Singh, they reached Lakhanpur at about 3.30 a.m. on December 24, 1993 where Iqbal Singh stopped the Car and got entered the number of vehicle in the Register at the Check Post and told on enquiry by CRPF Constable on duty at the instance of accused that they had come from Delhi and were proceeding to Udhampur. Accused also showed his Iden ­tity Card at this stage for getting single to proceed further. At Toll Post, Lakhanpur also, the accused showed his Identity Card and stated that it was an Army Vehicle. At about 6.15a.m, his presence was found in Gandhi Nagar where he shot the deceased through his service revolver. After committing the crime, returned to his Unit by Maruti Car No. DBA -1884 and reached the Unit at 2.30p.m. on December 24, 1993. There in the koth, he deposited his service pistol, the weapon of offence at 2.40 p.m. It was also found during the investigation that while in Jammu, Car was parked inside the main stop Gandhi Nagar towards the place of occurrence, he got down and proceeded towards the office of deceased, forced entry into it and fired at the deceased, who later died as a result there of. Straight away, he proceeded towards the car and left.