- (1.) THE present application is filed by the appellant -accused under Section 389 of the code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') for suspension of sentence pending appeal in this Court and to release him on bail.
(2.) SINCE an appeal against an order of conviction and sentence recorded by the high Court of Delhi is admitted by this Court and awaits final hearing, we will not enter into larger questions and deal with the present application for suspension of sentence and bail. Shortly stated, the case of the prosecution was that on April 29 -30, 1999, a party was organized at 'tamarind Cafi' inside Qutub colonnade. It was a private party where certain persons were invited and liquor was served. Jessica Lal (since deceased) and one shyan Munshi were in charge of the bar. It was the allegation of the prosecution that appellant Sidhartha Vashisht @ Manu Sharma along with his friends came there and asked for liquor. Jessica Lal and Shyan Munshi did not oblige him by providing liquor since the bar was closed. According to the prosecution, the appellant got enraged on refusal to serve liquor, took out his. 22 pistol and fired two rounds, first into the ceiling and the second at Jessica Lal. Jessica Lal fell down as a result of the shot which proved fatal and she died. According to the assertion of the prosecution, several persons witnessed the incident. Beena ramani, who was present, stopped the appellant and questioned him as to why he had shot Jessica Lal. She also demanded weapon from the accused but the accused did not handover pistol and fled away. Fir was lodged, a case was registered and investigation was carried out. At the trial, more than 100 witnesses had been examined. The trial Court acquitted the accused holding that it was not proved by the prosecution that the accused had committed the offence with which he, along with other accused, was charged.
(3.) THE State preferred an appeal against an order of acquittal recorded by the trial Court. The High Court of Delhi held that the trial court was wrong in acquitting the accused and the prosecution was successful in proving the guilt against the appellant (as well as two other accused) and accordingly recorded conviction inter alia for an offence punishable under Section 302, Indian Penal Code (IPC)and imposed sentence of imprisonment for life. The High Court observed that it has "no hesitation in holding" that the appellant was guilty of an offence punishable under Section 302 read with Sections 201 and 120b, IPC and also under Section 27 of the Arms Act, 1959 for having committed murder of Jessica lal on April 29 -30, 1999 at Tamarind Cafi' and ordered him to undergo rigorous imprisonment for life and also imposed sentence for other offences.;