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P. Sathasivam, J.

1) These statutory appeals are filed under Section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 and under Section 379 of the Criminal Procedure Code against the final judgment and order dated 18/20.12.2006 passed by the High Court of Delhi in Criminal Appeal No. 193 of 2006 whereby the High Court reversed the order of acquittal dated 21.02.2006 passed by the Additional Sessions Judge, Delhi, in Sessions Case No. 105 of 2001 and convicted Sidhartha Vashisht @ Manu Sharma (appellant in Crl. A. No. 179 of 2007) under Section 302, 201/120B IPC and Section 27 of the Arms Act and sentenced him to undergo imprisonment for life for the offence under Section 302 IPC together with a fine of Rs.50,000/- to be paid to the family of the victim and in default of payment of fine, to undergo further imprisonment for three years and also sentenced him to undergo imprisonment for four years for the offence under Section 27 of the Arms Act with a fine of Rs.2000/- and in default to further undergo imprisonment for three months. He was further sentenced to undergo imprisonment for four years for the offence under Section 201/120B IPC together with a fine of Rs. 2,000 and, in default, to further undergo imprisonment for three months. The High Court also sentenced Amardeep Singh Gill @ Tony Gill (appellant in Crl.A. No. 157/2007) and Vikas Yadav (appellant in Crl. A.No.224/2007) to undergo rigorous imprisonment for four years and a fine of Rs.2000/- each and, in default of payment of fine, to further undergo imprisonment for three months under Section 201/120B IPC.

(b) On the night intervening 29/30.04.1999 at 2.20 a.m., DD Entry No. 41 A (Ex. PW-13/A) was recorded at Police Station Mehrauli which disclosed a shooting incident at H- 5/6 Qutub Colonnade. A copy of the said DD entry was handed over to SI Sharad Kumar (PW-78) who along with Ct. Meenu Mathew left for the spot. Near about the same time, copy of the said DD entry was also given to SI Sunil Kumar (PW-100) who along with Ct. Subhash also left for the spot. On reaching the spot, PW-78 found that the injured had been removed to Ashlok Hospital and the floor of the Restaurant was found to be wet. SI Sunil Kumar (PW-100) then left SI Sharad Kumar (PW-78) at the spot to guard the same and proceeded to Ashlok Hospital along with Ct. Subhash. The SHO Police Station Mehrauli, Inspector S.K. Sharma (PW-101) along with his team also left the Police Station vide DD Entry No. 43 A and reached the spot and deputed one Home Guard Shravan Kumar (PW 30) at the entrance of `Qutub Colonnade' to guard the vehicles. On reaching Ashlok Hospital, PW-100 met Beena Ramani (PW-20), who is the owner of the Restaurant, and enquired about the incident but she asked him to talk to Shyan Munshi (PW-2) saying that he was inside and he knew everything. PW-100 then recorded the statement of PW-2 and made an endorsement on the same for the registration of the case under Section 307 IPC and handed over it to Ct. Subhash to be carried to the police station, Mehrauli. At about 4.00 a.m., FIR No. 287/99 was registered at the police station, Mehrauli. In the meantime, Jessica Lal had been shifted to Apollo Hospital. When SI Sunil Kumar came back to the spot along with PW-2, PW 30 informed them about the lifting of one black Tata Safari from the spot. On inspection of the site, two empty cartridges were seized and, in the meantime, a supplementary statement of PW-2 was also recorded by PW-100. At about 5.45 a.m., PW- 100 received an information by Ct. Satyavan intimating him about the death of Jessica Lal at Apollo Hospital. Charge under Section 302 IPC/201/120 B IPC and under Section 27 of the Arms Act has been framed against the accused Sidhartha Vashisht @ Manu Sharma, charge under Section 201/120B IPC has been framed against accused Vikas Yadav, Amardeep Singh Gill @ Tony Gill and Alok Khanna, charge under Section 212 IPC has been framed against Harvinder Chopra, Raja Chopra, Vikas Gill @ Ruby Gill and Yograj Singh and charge under Section 201/212 IPC against Shyam Sunder Sharma. At about 7.00 a.m. PW 100 recorded the statement of the Manager (PW-47), Waiter (PW-46) and Beena Ramani (PW-20)- the owner of the Restaurant.

(d) On 03.08.1999, charge sheet was filed against ten accused persons. On 23.11.2000, the Additional Sessions Judge framed charges against the appellant/Manu Sharma under Sections 302, 201 read with 120 B IPC and Section 27 of the Arms Act, accused Amardeep Singh Gill was charged under Section 120 read with Section 201 IPC, accused Vikas Yadav was charged under Section 120 read with 201 IPC as also Section 201 read with 34 IPC, accused Harvinder Chopra, Vikas Gill, Yograj Singh and Raja Chopra under Section 212 IPC and accused Alok Khanna, Shyam Sunder Sharma and Amit Jhingan were discharged of all the offences. In 2000/2001, Revision Petition No. 596 of 2000 was preferred by the prosecution before the High Court of Delhi praying for the framing of charge against the accused persons and setting aside the discharge of Alok Khanna, Shyam Sunder Sharma and Amit Jhingan. Revision Petitions were also preferred by the accused persons against the framing of the charges against them. The High Court disposed of all the revision petitions filed by the accused persons by a common order dated 13.03.2001. On 12.04.2001, charges as per the orders of the High Court were framed and some of the charges as framed earlier were maintained. Charges under Section 120B/201 IPC were framed against accused Vikas Yadav, Amardeep Singh Gill @ Tony Gill and Alok Khanna and charges under Sections 201 and 212 IPC were framed against accused Shyam Sunder Sharma. Against the rest of the accused, the charges as framed on 23.11.2000 by the trial Court were maintained. Trial began in May, 2001 against nine accused. In all, 101 witnesses were examined by the prosecution and two court witnesses were also examined.

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.