Phukan, J. - (1.) This appeal is directed against the judgment dated 14-5-99 passed by the learned Additional Sessions Judge, Designated Court-II, Delhi in Sessions Case No. 3/97. Three accused namely appellant-Manjeet Singh @ Kukku, Ajay Kumar and Georg Innis @ Jerry were booked for trial before the designated Court. By the impugned judgment the designated Court acquitted accused-appellant and Ajay Kumar of the charge under Section 120-B, I.P.C. The Court also acquitted Georg Innis @ Jerry of the charge under Section 201, I.P.C. The designated Court, however, found the accused appellant-Manjeet Singh guilty under Section 302, I.P.C. and under Section 5 of Terrorist and Disruptive Activities (Prevention) Act, 1987 and convicted him accordingly. Hence the present appeal.
(2.) According to prosecution at about 8.45 p.m. on 6th June, 91 deceased Baba Gurcharan Singh a lawyer was murdered in his chamber by the appellant and Brij Mohan. Shri K. K. Tyagi-PW 6 junior counsel attached to the chamber of the deceased J. S. Obroi, Steno of the deceased and Shri Bijendra Singh-PW 11 a suspended head constable of Delhi Police who was a client of the deceased, were present at the time of the occurrence. At that time the deceased was giving dictation to his steno for filing a petition before this Court and a young boy peeped through the door-glass of the chamber and on being signaled by the deceased he walked inside. He pushed PW-6 and at the same time another person aged about 30 years also went inside the chamber. Both the persons started firing shots from their revolver. According to prosecution the second person who entered subsequently was the appellant. On seeing accused persons firing shots at the deceased, PW-6 rushed to the adjacent house and informed the police over phone. Mrs. N. Sherjung-PW-2 sister of deceased and Mrs. P. G. S. Bawa-PW 3 wife of deceased who were in the bedroom of PW 3 came out on hearing the sound of gun fire. Shri Babu Ram Thapa-PW 1 cook of the deceased, who was in the kitchen, heard sound of gun fire coming from the chamber of the deceased and ran towards the office and he saw PW-2 and PW-3 were also rushing towards the chamber of the deceased. When he reached near the chamber, he saw the young boy and the appellant coming out with revolvers in their hands and abusing the deceased. He could not stop them as they were armed.
(3.) Immediately son-in-law of the deceased Dr. M. L. Khatri-PW 7 and his wife Mrs. Rashi Khatri-PW 8 on being informed reached the house of deceased and lifted the deceased with the assistance of PW-1 and PW-6 and put him in the car and thereafter he was taken to nursing home of PW-7 where he was declared dead.;