R. S. SODHI, J.

( 1 ) CRIMINAL Appeal No. 193 of 2006 challenges the judgment of the additional Sessions Judge dated 21. 2. 2006 in Sessions Case No. 105 of 2001, arising out of FIR No. 287/99, Police Station, Mehrauli, whereby the learned judge has acquitted the respondents of all charges framed against them.

( 2 ) BRIEF facts of the case, as have been noted down in the judgment under challenge by the Additional Sessions Judge, are as follows :"that on 29. 4. 1999 at Qutub Colonnade at "once upon a time" restaurant also called 'tamarind Cafe' a Thursday party was going on. At Thursday party the liquor was being served by the bartenders, namely, Jessica Lal and Shyan Munshi. At about 2 a. m. Shyan Munshi was present at Tamarind Cafe situated at Qutub colonnade five six persons including one waiter were also present there, one person aged 30-32 years came out from the back side of bar and asked for two drinks of liquor. The waiter did not serve him the liquor as the party was already over. Jessica Lal and Malini Ramani who were also present there also tried to make him understand that party was over and that there was no liquor available with them. On this that person took out a pistol and fired one shot at the roof and fired another shot at Jessica Lal which hit her near her left eye as a result of which she fell down. Jessica Lal was rushed to Ashlok hospital from where she was shifted to Apollo Hospital. On 30. 4. 99 in the early morning hours Jessica Lal was declared dead at Apollo Hospital. Charge u/s 302/201/120b IPC and also u/s 27 Arms Act has been framed against accused Sidhartha Vashisht @ Mannu Sharma. Charge u/s 120b/201 IPC has been framed against accused Vikas Yadav, Amardeep Singh Gill @ Tony Gill and Alok khanna. Charge u/s 212 IPC has been framed against the accused Harvinder chopra, Raja Chopra, Vikas Gill @ Ruby Gill and Yograj Singh. Charge u/s 201/212 IPC has been framed against accused Shyam Sunder Sharma. Charges were framed and read over to the accused persons to which all the accused persons pleaded not guilty and claimed trial. "

( 3 ) BEFORE the learned Additional Sessions Judge, the Prosecution in order to support their case, examined as many as 101 witnesses. Of which, PW-1 deepak Bhojwani, PW-2 Shyan Munshi, PW-3, Shiv Dass Yadav, PW-4 Karan Rajput, pw-5 Parikshat Sagar, PW-6, Malini Ramani, PW-7, Naveen Chopra, PW-9 Dr. R. K. Sharma, PW-10 Dr. Jasvinder Singh, PW-15 Sumitabh Bhatnagar, PW-19 Andleep sehgal, PW-20, Beena Ramani, PW-21 ASI Madan Pal, PW-24, George Mailhot, PW-46 madan Kumar, PW-63 Ram Avtar, PW-70 Rohit Bal, PW-79 Rajneesh Kumar Gupta, PW-99 dr. Deepak Vats, PW-100 SI Sunil Kumar, CW-1 Dr. Rawel Singh and CW-2 HC Ram dayal are the witnesses whose testimonies have been discussed while the remaining witnesses were formal in nature.

( 4 ) THE learned Additional Sessions, upon appreciation of evidence on record, came to the conclusion that the Prosecution has been able to prove that accused Sidhartha Vashisht @ Manu Sharma was holding a licensed pistol of 22 bore and that he had purchased 25 rounds of cartridges from Haryana Gun house on 4. 2. 1999 and that the pistol used in the commission of the crime has not been recovered from Sidhartha Vashisht @ Manu Sharma. The learned Judge held that the Tata Safari car bearing registration No. CH-01-W-6535 was registered in the name of M/s Piccadilly Agro Industries Private Limited of which Sidhartha vashisht @ Manu Sharma was one of the directors. The learned Judge also held that Amardeep Singh Gill and Alok Khanna were working in Hindustan Coca Cola company at the relevant time and were allotted Tata Siera car each. He further held that Tata Siera car bearing registration No. HR-26-H-4348 was allotted to amardeep Singh Gill. The learned Judge also held that Amardeep Singh Gill was given mobile phone No. 9811100237 while Alok Khanna was given mobile phone No. 9811068169 by the Hindustan Coca Cola Company. The Court also held that telephone