The evidence of an accused person who voluntarily offers himself as a witness under Section 315 Cr.P.C. is substantive evidence and if it is found to be false then surely it is a relevant factor/circumstance which shall go against the accused.

JUDGMENT :

Manmohan, J.

1. Present appeal has been filed by the appellant-accused challenging the judgment as well as order on sentence both dated 4th September, 2017 passed by the Additional Sessions Judge (Central), Tis Hazari Courts, Delhi in Sessions Case No. 12/2013 arising from FIR No. 147/2012 under Sections 302/307/452 IPC and Sections 25/54/59 of Arms Act registered with PS Rajinder Nagar, whereby the appellant-accused has been convicted under Sections 302/307/452 IPC and sentenced to life imprisonment under Section 302 IPC and imprisonment for seven years under Sections 307/452 IPC.

RELEVANT FACTS

2. The relevant facts of the present case are that one Sangeeta Kaur was employed as a maid servant in the house of the deceased-Dr. Sanjeev Dhawan and also used to reside in his house viz. House No. 49/50 (Basement, Ground and First Floor), New Rajinder Nagar. It is alleged that the appellant-accused, a former armyman married to Mrs. Ramin Tandon, contacted the deceased-Dr. Sanjeev Dhawan telephonically and at his office, i.e. Sir Ganga Ram Hospital, demanding that his 'wife' Sangeeta Kaur be handed over to him. However, the deceased-Dr. Sanjeev Dhawan, in accordance with instruction of Sangeeta Kaur, refused to do the same. Consequently, on the intervening night of 18/19, September, 2012, at about 2.30 a.m. the appellant-accused, in an endeavour to forcibly retrieve Sangeeta Kaur, broke into the house of Shri Tarun Kalra (PW-26), from the Second Floor balcony, holding a gun in his hand and started calling out for Sangeeta Kaur. Wife of Shri Tarun Kalra (PW-26) apprised the appellant-accused that Sangeeta Kaur worked in the house of the deceased-Dr. Sanjeev Dhawan. The appellant-accused attempted to flee, but on finding the door locked, he instructed Shri Tarun Kalra (PW-26) to open the same. While Shri Tarun Kalra (PW-26) was opening the door, the appellant-accused caught hold of him and directed him to take the appellant-accused to the correct house. In the stairs leading to the house of the deceased-Dr. Sanjeev Dhawan, a scuffle ensued between the two and they tumbled down the stairs while grappling with each other, during which Shri Tarun Kalra (PW-26) snatched the gun from the appellant-accused and ran. The appellant-accused chased Shri Tarun Kalra (PW-26) and attacked him with an axe, which slit the clothes of Shri Tarun Kalra (PW-26). The appellant-accused regained control of the gun and fired at Shri Tarun Kalra (PW-26), but he ran into the house of Shri Naresh Goel (PW-18), who pulled Shri Tarun Kalra (PW-26) inside the house. Hearing the noise, the deceased-Dr. Sanjeev Dhawan and his son, Shri Sarthak Dhawan (PW-13) came out on their first floor balcony. The appellant-accused fired from the road itself the fatal shot at the deceased-Dr. Sanjeev Dhawan.

FINDINGS OF THE TRIAL COURT

3. The relevant portion of the trial court judgment is reproduced herein-below:-

"I have already narrated the testimonies of PW-13 Sarthak Dhawan, the son of the deceased and PW-20 Gopal Gosain, the cook of the deceased. Both of the witnesses had seen accused firing at Dr. Sanjiv Dhawan. At that time, all of them were present in the house no. 49/50, Double Storey, New Rajinder Nagar, New Delhi. Although, PW-13 and PW-20, who had witnessed the incident, had not seen the accused earlier but the deceased had told PW-13 on the day of incident itself about the threats being extended by accused. When accused fired at Dr. Sanjiv Dhawan, the shot hit him in his chest. Dr. Sanjiv Dhawan collapsed in the balcony telling PW-13 that the person, who had shot him, was Dharamendra Kumar Tandan. PW-20 Gopal Gosain heard the noise of breaking of window pane caused by the gun shot. He called Ms Sangeeta and he saw accused in a military uniform in front of the house of Dr. Sanjiv Dhawan. Ms Sangeeta told the name of the accused as Dharmender. PW-13 and PW-14