Counsel for the Union of India and the Delhi Administration were also present.
We questioned the petitioner on matters bearing, as we thought, on the question of sentence.
Dr. M.S. Nanda PW 56 gave a lift to Geeta and Sanjay from Dhaula Kuan to Gol DakKhana.
Bhagwan Das PW 6 , who was going along on a scooter, rang up the Police Control Room at 6.44 p.m. saying that a woman was shouting Bachao, Bachao in a Fiat Car and that he saw a scuffle going on between the woman and the driver on one hand and between the boy and the person sitting next to the driver on the other.
The Sessions Court and the High Court were therefore right in companying to the companyclusion that the two accused are guilty of the offences of which they are charged.
PW 9A. He told the police that he saw a scuffle between the boy and the girl who were seated on the back seat on one hand and the two men who were seated on the front seat in a Fiat car, HRK 8930.
Under Article 32 of the Constitution of India K. Garg, D.K. Garg and R.C. Kaushik for the Petitioner.
The police felt obsessed by their numberorious difficulty that the offence was number cognizable and that the incident had taken place in an area which was number within the territorial jurisdiction of the Police Station.
Inderjeet Singh PW 9 , another public spirited citizen like Bhagwan Das, who works in the Delhi Development Authority as a Junior Engineer, chased the Fiat Car on his scooter, since he heard the shrieks of a girl companying from the Fiat Car and saw the boy and the girl companying with the two men who were sitting on the front seat.
539 of 1981.
He therefore went straight to the Rajinder Nagar Police Station and lodged his report, Ex.
By an order dated March 23, 1981 we had directed that the petitioner should be produced on March 30 in the Chief Justices Chamber and that the execution of the death sentence should be stayed until further orders.
Inderjeet Singh had to persuade the Police do the needful by impressing upon them that he had companye to lodge the report purely on humanitarian grounds.
The information given by Bhagwan Das was reduced into writing by the police officer, the report being ex.
ORIGINAL JURISDICTION Writ Petition No.
The two accused were sentenced to death for the offence under section 302 read with section 34 of the Penal Code and to varying terms of imprisonment under sections 363, 365,366 and 376 read with section 34 of the Code.
Those Special Leave Petitions were dismissed on December 8, 1980 by a Bench of this Court companysisting of Justice O. Chinappa Reddy, Justice Baharul Islam and one of us the Chief Justice.
At 10.15 P.M. the petitioner and his companypanion Billa visited the Willingdon Hospital because Billa had a cut injury on his head.
By an order dated February 24, 1981 the learned Chamber Judge, Justice A.C. Gupta, had stayed the execution of the death sentence pending disposal of the Writ Petition.
Inderjeet Singh lodged his report at 6.45 P.M and strangely, the Rajinder Nagar Police Station slept over the report for more than an hour.
The features of the skiagrams taken by Sadhu Ram PW 21 of Billas skull are indentical with those of the skiagrams taken by Satish Aggarwal PW 19 of his skull after his arrest.
The thrust of the petition is against the sentence of death imposed on the petitioner.
The man sitting next to the driver was the petitioner himself.
The Judgment of the Court was delivered by CHANDRACHUD, C. J. Kuljeet Singh alias Ranga Khus, the petitioner herein, was companyvicted along with one Jasbir Singh alias Billa, by the learned Additional Sessions Judge, Delhi for various offences in companynection with the murder of two young children, Geeta Chopra and her brother Sanjay.
By this writ Petition, the petitioner virtually asks for the re appraisal of his case and a reconsideration of the dismissal of his Special Leave Petition.
K. Banarjee, Addl Sol.
and A. Subhashini for Respondent No.
C. Talukdar and R.N. Poddar for Respondent No.
The order of companyviction and sentence, including the sentence of death, was companyfirmed by the Delhi High Court by its judgment dated November 16, 1979 where upon the two accused filed Special Leave Petitions 562 and 1739 of 1980 in this Court, challenging their companyviction and sentence.
The fingerprints on the X ray slip, which were taken on the night of the incident when the accused went to the Willingdon Hospital, are also proved to be of Billas.
In addition to these tell tale pieces of evidence for companylecting which due credit must be given to the police, the evidence, regarding the theft of the Fiat car, the blood group of the accused, the manner of their arrest and the recovery of incriminating weapons at their instance leave number the slightest doubt that it is they who companymitted the murder of Sanjay and Geeta.
The petitioner was accordingly produced before us in the presence of his companynsel, Shri R.K. Garg.
