R.K. Gauba, J. - (1.) ON 20.12.2008, some time before 9.10 PM, Dhanpat Rai resident of BA -97, Shalimar Bagh, Delhi -52 received gunshot injuries at a place opposite Income Tax Colony near Sabzi Mandi on outer ring road near the police station Maurya Enclave (hereinafter referred to as "the police station") and when taken to Dr. Baba Saheb Ambedkar Hospital, Rohini by the PCR staff, he was declared brought dead as per medico legal record (MLC) (Ex.PW -19/A) at 9.30 PM. On the basis of available information, Inspector Ram Sunder (PW -38) got the FIR no. 47/2008 (Ex. PW -26/A) registered. The investigation resulted in the report under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) being submitted in the court of Metropolitan Magistrate on 26.03.2009 whereby trial of two persons was sought in the Sessions Court for offences punishable under Sections 302/120 -B/34 of Indian Penal Code, 1860 (IPC) and under Section 25/27 of Arms Act. The said two persons put to trial in Session Case No. 103/2011 included the appellant Hari Prakash @ Kala son of Maher Singh, shown as accused no. 1 (A -1) and Pawan Bajaj @ Pamma, shown as accused no. 2 (A -2).
(2.) THE report under Section 173 Cr.P.C. was followed by two supplementary reports dated 30.11.2009 and 11.05.2010. The said reports, read together, would indicate that, besides A -1 and A -2, the investigating police had also arrested a juvenile, who we shall hereinafter refer to as "T", on the allegations that he had assisted, aided and abetted Hari Prakash @ Kala (A -1) in committing the crime, at the instance of Pawan Bajaj @ Pamma (A -2). The investigation had also statedly revealed involvement of one Satish Dabas in the crime. Satish Dabas, however, could not be arrested. He was eventually declared a proclaimed offender on 04.11.2009.
(3.) THE trial was held on charge for offences punishable under Section 120 -B IPC and Section 302 read with Section 120 -B against A - 1 and A -2. In addition, A -1 was also put to trial on the charge for offence under Section 27 of the Arms Act.;