The main legal point established is the reliance on testimonies of injured witnesses and scientific evidence to support the conviction for murder and injuries caused by gunshot injuries.

Mukta Gupta, J.

1. Ravinder Rana, Constable in CISF stands convicted for the murder of Constable T.Shankar and Constable R.Kannan and causing injuries to Constable Rajbir Singh, Constable Sunil Singh and Constable Bidesh Dutta by gunshot injuries from the service rifle of Constable Anoop Singh on the testimony of the eye witnesses and scientific evidence. He has been awarded imprisonment for life and fine of `15,000/-and in default of payment of fine to further undergo Simple Imprisonment for a period of one year for the offence punishable under Section 302 IPC; Rigorous Imprisonment for ten years and a fine of `10,000/-and in default of payment of fine to further undergo simple imprisonment for six months for offence punishable under Section 307 IPC and Rigorous Imprisonment for five years and a fine of `5,000/- and in default of payment of fine to undergo Simple Imprisonment for three months for offence punishable under Section 27 Arms Act.

2. Ravinder Rana assails the judgment on the ground that the genesis of the occurrence has not been examined by the learned Trial Court which would have led to the true facts being unravelled. In fact, even as per the prosecution case two separate incidents of shoot out occurred however, the learned Trial Court erred in treating them as one. The fire arm allegedly used in the commission of offence did not belong to Ravinder Rana and thus he was not connected with the same. As there is no direct evidence against Ravinder Rana he be acquitted of the charges framed.

3. In defence Ravinder Rana appeared himself as a witness and stated that he was working as a constable at Indian Embassy, Kathmandu. On January 18, 2005 while posted at Kathmandu at around 5.30 AM when he was in the toilet he heard the noise of the firing from the barracks. He immediately rushed to the barracks where he saw R.Kannan lying on the floor in a pool of blood and Anoop Singh firing upon T.Shankar with his rifle. He snatched the rifle from Anoop Singh. In the meantime Inspector B.K.Singh along with staff came to the barracks. When he informed the facts to Inspector B.K.Singh he did not believe the same and later appellant was arrested. According to him the incident was not seen by any other person except him. He also denied that any incident took place on the night of January 17, 2005 or that he made any complaint of misbehaviour by R.Kannan on January 17, 2005. Similar explanation has been rendered by him in his statement under Section 313 Cr.P.C.

4. A CBI team led by Shri Y.C.Modi, DIG was sent by the Central Government to the Embassy of India, Kathmandu, Nepal at around 10 hours on January 18, 2005 pursuant to an information regarding shoot out at the Embassy of India. On reaching the premises it was revealed that about 5.30 hours on January 18, 2005 Constable/SG Ravinder Rana had shot two of his colleagues in the barrack of security guards and injured three constables. A complaint of Inspector Bijay Kumar Singh, PW-1 was handed over to the DIG Mr.Modi on which a case was registered vide RC.I(S)/2005-SCU.I/CBI/SCR.I/New Delhi under Sections 302/307 IPC.

5. Inspector Bijay Kumar Singh appeared as PW-1 and deposed that on January 17, 2005 he was performing his duties at the Indian Embassy, Kathmandu along with Shri Rathore whose duty was to depute security guards of CISF and check them while performing their duties. He also gave training to the constables and other subordinates. The contingents were posted on the main gate of Embassy, India House, Central School, night patrolling and Chancery. He deposed about the various duties assigned and according to which on January 17, 2005 Constables/SG R.Kannan and V.Z.Surkar were on duty from 2.00 PM to 8.00 PM at India House whereas Ravinder Rana and Surender Kumar were performing duties at the main gate of the Embassy. They came back to the barrack after finishing their duties on January 17, 2005 at about 10.00 PM. He along with P.S.Rathore and Ajeesh Kumar wer