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3) Heard Mr. Ram Jethmalani, learned senior counsel for Sidhartha Vashisht @ Manu Sharma, appellant in Crl. A. No. 179 of 2007, Mr. Nitin Sangra, learned counsel for Amardeep Singh Gill @ Tony Gill, appellant in Crl.A. No. 157/2007, Mr. Ranbir Yadav, learned counsel for Vikas Yadav, appellant in Crl. A.No.224/2007, Mr. Gopal Subramanium, learned Solicitor General of India for Respondent-State in all the three appeals and Mrs. Mamta Dhody Kalra, intervenor, who appeared in person and pleaded for acquittal of the appellant-Manu Sharma. Contentions of the appellants/accused:

6) The intervenor supported the case of the appellant- Manu Sharma and prayed for his acquittal.

Submissions on behalf of the State:

7) On the other hand, Mr. Gopal Subramanium, learned Solicitor General, after taking us through the entire materials, submitted that the Trial Judge has committed an error in acquitting all the accused and the High Court being an Appellate Court is fully justified in re-analysing the evidence and convicting all the three accused-

appellants and awarding appropriate sentence. After pointing out oral, documentary evidence and other legal principles, he submitted that the conviction and sentence awarded by the High Court are acceptable and no interference is called for by this Court, and prayed for dismissal of all the three appeals.

12) Mr. Gopal Subramanium, learned Solicitor General, by relying on the decision of this Court in Chandra Mohan Tiwari vs. State of M.P., (1992) 2 SCC 105 submitted that where the High Court's conclusion was based on evaluation of evidence which was not erroneous or perverse and was based on an independent analysis of evidence which fully establishes the case of the prosecution as against the trial Court's conclusion, there is no reason much less the compelling reason to disagree with the finding of guilt by the High Court. He also pressed into service another decision of this Court in Jaswant Singh vs. State of Haryana, (2000) 4 SCC 484.

22) Mr. Ram Jethmalani, further submitted that due to the pressure by the prosecution for registering a case under the Punjab Excise Act against Malini Ramani PW-6, Beena Ramani PW-20 and George Mailhot PW-24, virtually, they were pressurized to yield to the case of prosecution. While stoutly denying the said allegation, Mr. Gopal Subramanium, submitted that the registration of case under the Punjab Excise Act has nothing to do with their evidence in the case of death of Jessica Lal. He also submitted that ultimately they were fined, the said action cannot be construed as a threat to them or keeping the sword hanging for taking action either under Section 201 IPC or the Punjab Excise Act. It was pointed out by the learned senior counsel for the appellant that Malini Ramani PW-6 during her statement admitted that her mother Beena Ramani was accused of having removed the blood from the spot. PW-6 further admitted that during the first five days of May, 1999, the interrogation of three of them "PWs 6, 20 and 24" was very intense. She also stated that for quite long hours they were kept in the Police Station and they were used to be subjected to prolonged interrogation in the Jessica Lal's case as well as in other Excise Act case. It is true that SHO S.K. Sharma PW 101, admitted that the FIR in the excise case was lodged against the above said three persons. It was also highlighted that all the three were arrested in the excise case on 08.05.1999 which was pending in the Court of Metropolitan Magistrate, New Delhi. In that case, application on behalf of Beena Ramani and George Mailhot was moved for seeking permission to go abroad for treatment of Beena Ramani alleging that she is a cancer patient. Mr. Jethmalani argued that notice of which was given to the State and instead of filing reply by the State counsel PW-101, who appeared in person, vehemently opposed on the ground that their presence may be required during the investigation of FIR No. 287 of 1999 for filing additional charge-sheet including the issue of cleaning of blood. Ultimately, the Metropolitan Magistrate rejected their application for permission and they were not allowed to go abroad because of the reason that their presence may be required for filing additional charge-sheet in FIR No. 287 of 1999. By pointing out the above information, it was argued by the learned senior counsel that the investigation agency had been pressurizing these witnesses to toe their line in their deposition in the present case, but PW-20 was not made as accused under Section 201 in the present case because they had agreed to toe the line of the prosecution but this sword was kept hanging on them to ensure that the entire family members i.e. PWs 6, 20 and 24 continue to toe the line of prosecution. All the allegations have been stoutly denied by the prosecution. It was submitted by the prosecution that the statement of S.I. Sunil Kumar PW-100 is inadmissible on the ground that it is sought to be used as opinion evidence and, therefore, hit by the rule against hearsay evidence. Even if it is held to be admissible, it was pointed out that Beena Ramani was right in saying that statement of Shyan Munshi should be recorded because Shyan Munshi was inside the cafi and had witnessed the entire incident including conversations which occurred prior to the incident. It was further pointed out that the statement of Beena Ramani to this effect which she also deposed before the trial Court was recorded on the same date i.e. on 30.04.1999 that too in the morning itself. In her statement, before the Court PW- 20 Beena Ramani had clearly stated "at the hospital, the police met me. The report about the incident was lodged in my presence by Shyan Munshi." In view of the same it was submitted that because PW-20 told PW- 100 to ask PW-2, it does not mean that she did not know anything, since her statement was recorded on the same day soon after the statement of Shyan Munshi to which statement she stuck even in her testimony before the trial Court.