1. This Appeal is directed against the JUDGMENT of Sessions Judge, Jammu in File No. 12/Sessions dated August 30, 1996. Accused has been convicted and sentenced for offence under Section 302 RPC to imprisonment for life and pay fine of Rs.50,000/-, in addition two year imprison­ment and fine of Rs. 5,000/- for offence un­der section 3/25 Arms Act. In default of pay­ment of fine, accused has been ordered to suffer six months and three months impris­onment respectively for the two offences. However, the sentences are to run concur­rently. Fine on deposit has been directed to be paid to the parents of deceased. Pros­ecution case briefly is as under:

2. At 81 -A, Gandhi Nagar, Jammu, in the morning of December 24, 1993, deceased Naveen Chander Katyal was fired at. At this time, deceased was working in the room while Sanjeev Mengi, partner in business, was sleeping in the adjoining room when he heard abnormal sound at 6.15 a.m. and came in the front of his room and saw the deceased lying on the ground profusely wounded and bleeding. He called the land­lords living on the ground floor, who came and helped in carrying the deceased into the vehi­cle Maruti Car No. JKU-6428 to Government Gandhi Nagar Hospital, Jammu, but on ac­count of non-availability of proper treatment shifted to Government Medical College, Jammu along with Rakesh, Medical Assist­ant, Government Gandhi Nagar Hospital at 7.00 a.m. where Doctor Incharge declared him dead. Sanjeev Mengi lodged written report of the incident at Police Station, Gandhi Nagar, Jammu on the same day at 7.30 a.m. which reads:

"The S. H. O. Police Station, Gandhi Nagar, Jammu, subject: First Information Report.

Sir,

I inform that Mr. Naveen Chander Katyal, R/o 221-Shastri Nagar, Jammu was Executive Co-Director of Apex Tutorial (R) and working in the 81-A Gole Market Main Stop, Gandhi Nagar Branch for framing out the plans for introducing new project namely-"FACE UP-93" (Free Apex Career Counsel­ling and Educational Upliftment Programme) to be held at the new building Superbazar Complex, Jammu today the 24th of Dec. 1993.

At about 3.30 AM after finalizing and typing the "face up 93" project and course lists, the deceased asked me to sleep for a couple of hours in the adjoining bed room. At about 6.15 AM, on hearing some abnormal sound, I got up immediately from the adjoining room and came in the front office room and saw him lying on the ground profusely wounded and bleeding, appeared to have been shot by bullets.

Immediately I called the landlords down stairs who came up and helped me in carrying the deceased into the vehicle maruti car JKU-6428, first to Govt. Gandhi Nagar Hospital Jammu, but on non-availability of any imme­diate first aid or treatment, shifted the de­ceased to Govt. Medical College Hospital (emergency wing) Bakshinagar with the help of Mr. Rakesh, a Medical Assistant of the Govt. Gandhinagar Hospital at 7.00 AM, the doctor incharge in the Govt. Medical College Bakshinagar, declared Mr. Naveen Chander Katyaldead.

Afterwards I appeared before SHO Gandhinagar Sh. Salathia and narrated the whole happenings.

Dated

24-12-1993

Yours truly,

Sd/- Sanjeev Mengi

(Executive Director,

Apex Tutorials (R))

3. Accordingly, case for offence under section 302 RPC and 3/25 Arms Act was registered. During investigation, it was found that accused Sanjay Dutta married Sangita in August 1993. She was Lecturer in Apex Tutorial, Gandhi Nagar, of which deceased was the Director and Sanjeev Mengi, Execu­tive Director. Accused suspected illicit rela­tion of his wife with the deceased and was entertaining grouse against him. Conse­quently, he absented himself from his Unit 2/9 GRA Coy. located at Jhandawalla Mehra Singla Fazilka Punjab D. C. B. on December 23, 1993 alongwith Hav. Shiv Bahadur Chhatri of his Unit, came to Abohar in Maruti Car DAC-1775 owned by Sukhwant Singh from Jhandawlla Mehra Singla Punjab. Then in Maruti Car No. DBA-1884 of Iqbal Singh, they reached Lakhanpur at about 3.30 a.m. on Decem

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