JUDGMENT

Phukan, J.-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 120B IPC. The Court also acquitted Georg Innis @ Jerry of the charge under Section 201 IPC. The Designated Court, however, found the accused appellant-Manjeet Singh guilty under Section 302 IPC and under Section 5 of Terrorist Activities and Disruptive (Prevention) Act, 1987 and convicted him accordingly. Hence the present appeal.

2. According to prosecution at about 8.45 p.m on 6th June, 1991 deceased Baba Gurcharan Singh a lawyer was murdered in his chamber by the appellant and Brij Mohan. Shri K.K. Tyagi-PW6 junior counsel attached to the chamber of the deceased, J.S. Obroi, Steno of the deceased and Shri Bijendra Singh-PW11-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 deceeased, 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-PW1 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-PW7 and his wife Mrs. Rashi Khatri-PW8 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.

4. Brij Mohan was stated to have died in police encounter at Mathura.

5. During investigation it was revealed that the accused-Ajay Kumar who was an accused in another criminal case, wanted to eliminate the deceased who was appointed as Special Public Prosecutor in that case, therefore, he conspired with deceased Brij Mohan during his stay in Tihar Jail to eliminate the deceased. The police after getting information arrested the appellant on 5th July, 1998 at Jabalpur and after investigation submitted the charge sheet.

6. We have heard Shri R.K. Maheshwari, lerned counsel for the appellant and Shri A.S. Nambiar, learned senior counsel for the respondent.

7. At the time of incident PW-6, J.S. Obrori and PW-11 were present in the chamber of deceased. J.S. Obroi was not examined and PW-11 was declared hostile. PW-6 was the main witness of the occurrence and he identified the appellant. PWs 1, 2 and 3 who rushed to the chamber of deceased also identified the appellant.

8. PW-6 Junior counsel of the deceased was the eye witness and had described the manner in which deceased was murdered in his chamber. According to him the deceased came from out side, sat in his office and called for suspended constable-PW11 whose petition was to be filed in this Court and started giving dictation to his steno Shri J.S. Obro