1. Four accused were sent to trial pertaining to the death of Ved Pal @ Jitu Pehlwan who, on 20.8.2003, was shot in front of gate No.3, L Block, Madanpur Khadar.

2. Vide impugned judgment and order dated 18.7.2007 3 accused have been acquitted. The 4th i.e. the appellant, has been convicted for the offence punishable under Section 302 IPC as also the offence punishable under Section 25 and 27 of the Arms Act.

3. At 7:51 PM on 20.8.2003 a relayed wireless message was received at PS Sarita Vihar, contents whereof were noted vide DD No.12-A, Ex.PW-9/DA, that Ved Pal @ Jitu Pehlwan son of Shyam Lal had been shot in front of gate No.3, L Pocket, Madanpur Khadar. The message was sent by HC Ram Niwas PW-22 posted at the police control room who had received the message from telephone number 26946587.

4. On receipt of information, ASI Mahender Kumar PW-15 and Const.Bhagnath PW-10 proceeded to the place of the offence. The SHO of PS Sarita Vihar Inspector G.L.Mehta PW-26 was patrolling in the area. He also received the information and reached the spot.

5. A body was lying on the spot. A royal Enfield motorcycle bearing registration No.DL 3SX 0375 was at the spot.

6. Inspector G.L.Mehta met Kashmir Singh PW-5 at the spot, who handed over a statement in writing, Ex.PW-5/A, informing that at 7:30 PM, Ved, Kripal, Rishipal and he were riding two motorcycles being driven by Kripal and Ved respectively. When they reached the house of Suraj Bhan, Kartar, Azad, Mahavir and Surender fired at them from the roof of Suraj?s house. Ved was hit by bullets and fell down. They managed to escape.

7. Based on the statement the FIR was registered. At the spot, Inspector G.L.Mehta prepared the rough site plan Ex.PW-20/C and lifted control earth, blood stained soil and a shoe as recorded in the memo Ex.PW-5/B. The motorcycle DL 3XS 0375 at the spot was seized vide memo Ex.PW-5/C.

8. Statements of Kripal Singh PW-8, the person who had given the telephonic information as also Rishipal PW-14 were recorded the same day under Section 161 Cr.P.C.

9. Since Ved Pal had died soon after the incident, evidenced by the fact he was declared brought dead at the hospital, the body was sent for post-mortem. Dr. Jayant PW-3 conducted the post-mortem on 21.8.2003 and noted 3 bullet entry wounds; one on the frontal region of the scalp; the second on the right upper anterior chest wall and the 3rd at the back. All entry wounds had tattooing. 3 bullets, one from the skull, the second from the chest and the third from the abdominal cavity were recovered and handed over to the investigating officer on 21.8.2003, soon after the post-mortem was conducted.

10. The accused were apprehended.

11. Since 3 co-accused have been acquitted and qua them the State has not come up in appeal; findings qua them having attained finality. Thus we need not note the incriminating evidence sought to be brought on record against 3 accused. We shall be noting the incriminating evidence brought on record against the appellant.

12. After the post-mortem was conducted on 21.8.2003, supplementary statement of the complainant as also Rishipal and Kripal Singh were recorded as per which they gave a change version. In their earlier statements they had informed that the accused had fired from the roof top. But, guided by the post-mortem report which evidenced that the deceased was shot thrice at point blank range; evidenced by tattooing of the skin where the bullet entered, each of the three stated that after initial firing from the roof top, the accused came down and fired shots at them from a point blank range.

13. The appellant was arrested on 23.8.2003 and on interrogation by Inspector G.L.Mehta made a statement that the country made pistol Ex.P-3 with which he had fired 3 shots could be got recovered by him as also the 3 empty cartridges. He stated that after committing the crime he had crossed river Yamuna by swimming across and the country made pistol fell in the water of the river. Pursua