There were five accused arraigned before the Designated Court to face a charge for the offences under Section 302 read with Sections 34 and 212 of the Indian Penal Code besides Section 5 of TADA and some other Sections of the Arms Act.
He was immediately taken to a nearby Nursing Home but the people at the Nursing Home were number inclined to admit him for their own reasons and hence he was taken to a government hospital.
The prosecution case runs thus Appellant Ashok Kumar and deceased Shayam Sunder were friends initially, but at the instance of deceaseds mother PW 7 Sulochna their friendship became separated.
On the first companynt he was awarded imprisonment for life while on the second companynt rigorous imprisonment for five years was awarded as sentence.
At the time of occurrence deceased Shyam Sunder was either on his way to his friend or was returning from the friends house as he already informed his mother that he was proceeding to meet that friend.
He too was sentenced to undergo rigorous imprisonment for five years.
One or two days prior to the murder, appellant Ashok Kumar visited the house of the deceased and there was a brawl between the deceased and himself.
But the doctors who examined him pronounced him dead.
The Designated Judge companyvicted first accused Ashok Kumar who is appellant in one of the appeals for the offence under Section 302 IPC as well as Section 5 of TADA.
A lady was put in possession of a plot at the instance of Ashok Kumar but she was evacuated thereform at the instance of deceased Shayam Sunder.
These appeals have been filed by two persons, namely, Ashok Kumar and Vijay Pal Singh, who were companyvicted of two different offences in one trial held by a Designated Judge under the provisions of Terrorist and Disruptive Activities Prevention Act, 1987 TADA .
It was at the behest of the mother of deceased that they were separated and Ashok Kumar left the place in huff after giving a threat that deceased would be dealt with properly which would leave its impact for seven generations.
While dealing with the appeal of appellant Ashok Kumar we have to focus only on two items of evidence.
The statement was recorded at 11.35p.m.
The fourth accused who is appellant in the other appeal was companyvicted of Section 5 of TADA alone.
A First Information Report was recorded from the mother of the deceased who claimed to have witnessed the occurrence.
1502, block B of Jhangir Puri.
The case relates to the murder of one Shyam Sunder Billa.
The assailants surrounded the deceased at a place which is said to be in front of house No.
Delhi.
at the government hospital.
They are, the testimony of PW2 Rajinder Kumar and the testimony of PW7 Sulochana .
Ashok Kumar whipped out a revolver and shot at the deceased which injured fatally the deceased on the chest and the abdomen and the shots became fatal.
It happened at around 9.00 p.m. on 9 9 1990 on the busy street at Jhangir Puri in Delhi deceased was shot dead by an armed assailant.
After companypleting the investigation the charge sheet was laid before the Designated Court.
One more eye witness was examined by the prosecution PW10 Anil Kumar but he did number support the prosecution version and hence was treated as hostile.
