INDU MALHOTRA, J. - (1.) The present Criminal Appeals have been filed by the State (Criminal Appeal No. 2248 of 2010) and the complainant - Kanta Devi (Criminal Appeal No. 2247 of 2010) to challenge the Order of Discharge granted to Shiv Charan Bansal, Lalit Mann @ Nanhe, Shailendra Singh and Rajbir Singh by the Delhi High Court.
(2.) The factual matrix from which the present Appeals arise from is the filing of F.I.R No. 200/2006 by the Complainant Kanta Devi - widow of late S.N. Gupta on 21.03.2006 with the Police Station Mangolpuri, Delhi under Sections 120B, 302, 201 r.w. S.34 IPC and Sections 25, 27, 54, 59 of the Arms Act. The Complainant stated that on 21.03.2006, she was in the house with her husband - S.N. Gupta. At about 4:30 p.m., the doorbell rang, when a man aged between 25 to 30 years having a beard was standing at the gate, wearing spectacles and a black cap on his head, carrying a bag on his shoulder. He said that he had brought a courier from a bank addressed to S.N. Gupta, and would hand it over to him personally. She informed her husband about the courier. S.N. Gupta went to the main gate, while the informant returned to the kitchen. She then heard the sound of 2 or 3 gunshots from the gate. She rushed towards the gate and found that her husband had fallen on the floor, and was bleeding on account of gunshot injuries. She shouted for help, when the neighbours came and rushed her husband to Jaipur Golden Hospital, where he was declared dead. She stated that she would be able to recognise the man who had shot her husband.
(3.) Sub-Inspector Dharambir Singh along with Constable Vijay Kumar, and Constable Prasan Singh reached the spot, and recovered 3 used cartridges and blood-stained slippers from the scene of occurrence.;