Hon'ble KOTHARI, J.—Briefly stated, the facts leading to aforesaid appeals are that on 13.06.96 Ummed Singh, Constable No.1063 N.W., Police Station, Mangolpuri, Delhi submitted a written report Ext.P1 to S.H.O. Police Station Tapukada at the site of occurrence stating therein that he along with Om Prakash, Head Constable No.331 started on 12.06.96 at about 7.30 p.m. on Chetak Classic Scooter of Om Prakash, which was without any number being new, and reached the house of the in-laws of Om Prakash at Tapukara at about 12.15 in the night and stayed there. Next morning, at about 5.30 a.m., he along with Om Prakash on the scooter of Om Prakash and Devendra, brother-in-law of Om Prakash on his scooter left in search of absconding accused Chandra Mohan Pandit of FIR No.182/96 Police Station Mangolpuri, Delhi from Tapukara. On reaching villages Sarekalan and Sarekhurd, they made enquiries about him and on getting source information went to village Indore. On reaching there, they parked their scooters near a culvert in front of a school and went on foot in plain dress to the culvert near Chamaron ki Dhani. They found one sand dune towards east of the said culvert. Beyond that sand dune there was one thatched hut on the hillock which belonged to Ninder Singh alias Nandi, Rai Sikh. According to source information, Chandra Mohan was available in the said thatched hut. Om Prakash, Head Constable, told them in the culvert that he had a pistol with him and only this has to be ascertained whether Chandra Mohan is there or not. He told them that he would go alone to find out and asked them to stay back in the culvert itself. If Chandra Mohan is there he will inform the local police on his return and after a raid arrest him. Both of them stayed back. Om Prakash went towards the thatched hut of Nandi from northern side but after 4-5 minutes he was returning from the said thatched hut from the southern side and he was being followed by two persons, namely, Chandra Mohan Pandit and Manjeet S/o Nandi, who were known to him as he had met them earlier also. As soon as Om Prakash reached near the exotic oak (vaxzsth vkadMsa) in the culvert, Chandra Mohan fired on him from the back. Om Prakash ran but Manjeet came running in front of him and Chandra Mohan fired two bullets in the back of Om Prakash. Manjeet also fired one bullet on Om Prakash from the front. Om Prakash fell down. As they were without any arms and it is well known about Chandra Mohan that he fires immediately on seeing a policeman, they did not come forward and hid themselves in the bushes of exotic oak. After Om Prakash had fallen down, Chandra Mohan took away the 9 m.m. Govt. pistol from his belt, his wrist watch, gold ring from his finger, identity card and they ran away towards the hillock. Thereafter, they raised an alarm and on hearing the noise many persons assembled there. One boy was sent for informing Mehndi Police Chowki. They were asked by the villagers not to go there as the village of those persons comes in the way and there is a threat to their lives. After some time, he along with Devendra came to the school so that they could take the police directly to the place of occurrence. When they reached the school, one white Fiat car bearing number DVG 9913 in which three persons including Nandi were seated, came towards Sarekhurd, and went towards the place of occurrence. After a while the car went towards Sarekhurd. When the police did not reach the spot for about 15 minutes, then he alongwith Devendra left for Police Station Tapukara. When they reached the culvert near village Sarekhurd, one black Ambassador Car No.D-21-1329 driven by Amar Singh was approaching. Nandi and Ranjeet and two other persons were sitting in it. Amar Singh, Nandi and Ranjeet were sitting on the front seat of the car. They thought of following the car as they apprehended that the aforesaid persons may take away the dead body of Om Prakash in the car. They followed on their scooter which stopped after

Click Here to Read the rest of this document