Trial began in May, 2001 against nine accused.
It is clear from the above testimony that black Tata Safari was found parked near the gate of Qutub Colonnade when they reached at the spot on receipt of intimation regarding firing incident and Shravan Kumar PW 30 was detailed by SHO PW 101 to ensure that numbervehicle leaves the spot.
What you have to say in this regard?
This fact clearly shows that the prosecution had the intention to examine Sanjay Mehtani as their witness.
The same was taken into possession by Delhi Police on 03.05.1999 after taking appropriate orders from the Magistrate Ghaziabad.
George had left at about 12.30 or 12.45 a.m. from there.
PW 32/B. PW 33, PV.
The post mortem was companyducted at about 11.30 a.m. at the All India Institute of Medical Sciences on the same day i.e. 30.04.1999.
PW 89/DA.
The SPP objected to the same on the ground that the order required modification but the same was rejected and on 14.01.2000, the Court again directed supply of the expert report.
As the said vehicle was found on 02.05.1999 at Noida and the same was taken into possession through a seizure memo prepared by Noida Police.
Subhash.
In the said disclosure, he disclosed that he was using his younger brother Kartiks Cellphone No.
Recovery memo prepared is Ex PW 74/A which is in his handwriting and bears his signatures at point C and that of Sudesh Gupta SO at point B. PW 74 stated that vehicle Tata Safari was recovered vide Ex.
He gave me his name as Manu Sharma.
100/ each on that day.
The said FIR also indicates that SI Rishi Pal by 2.30 a.m. had already recorded the statement of the victim at AIIMS and had number sent the same with Balwan Singh with rukka to PS, Mehrauli.
PW 100 recorded the statements of the witnesses.
PW 30 met them at the gate of police station and he also picked him Sharvan Kumar up in the Gypsy and reached Qutub Colonnade.
SI Sunil Kumar PW 100 then left SI Sharad Kumar PW 78 at the spot to guard the same and proceeded to Ashlok Hospital along with Ct.
Jitender Raj PW 47 was working as a Manager cum Supervisor.
He also identified signatures of SI BD Dubey SI Sudesh Gupta on the same.
On one occasion, against the dismissal of the bail application by the High Court on 11.11.2003, the appellant filed a special leave petition before this Court which was dismissed by this Court on 02.12.2003.
On 02.05.1999, a list of invited guests was prepared by PW On the same day, around 10.00 p.m., PW 101, got an information that a black Tata Safari has been found by the U.P. Police Sector 24, Noida Police Station and on the next day PW 101 went to Noida Police Station and seized the said black Tata Safari.
Thereafter, the appellant was remanded to five days police custody till 12.05.1999 and thereafter on 12.05.1999 extended till 17.05.1999 on the application of the I.O., but on 15.05.1999, the appellants remand was preponed from 17.05.1999 to 15.05.1999.
SI Pankaj Malik PW 85 also deposed before the companyrt that on 30.04.1999 he was deputed by Inspector Surender Kumar to trace out black companyour Tata Safari car bearing Registration No.
I am number very sure about it.
The testimony of PW 87 is further companyroborated by PW 80.
Beena Ramani PW 20 , who was present there, stopped the appellant and questioned him as to why he had shot Jessica Lal and demanded the weapon from him but he did number hand over the pistol and fled away.
PW 100 then recorded the statement of PW 2 and made an endorsement on the same for the registration of the case under Section 307 IPC and handed over it to Ct.
On the night intervening 29/30.04.1999 at 2.20 a.m., DD Entry No.
Satyavan intimating him about the death of Jessica Lal at Apollo Hospital.
CH 01 W 6535 which was lifted from the spot in the morning is found to have been registered in the name of Piccadilly Agro Industries and it was also found in Karnal and he further informed that Sidharth Vashisht alias Manu Sharma is the Director of the said Industries who is residing in H.No.229, Sector 9C, Chandigarh.
On the same day, Inspector Raman Lamba PW 87 who was in Chandigarh with his team intimated the lawyer of the accused appellant that Manu Sharma is required in the case.
Jatinder Raj and Beena Ramani were already, near Jessica Lal, when I reached there.
Against the rest of the accused, the charges as framed on 23.11.2000 by the trial Court were maintained.
Meenu Mathew left for the spot.
On 16.05.99, the appellant was sent to judicial custody.
There was also blood on the floor, where Jessica Lal was lying.
He identified the vehicle Ex.
The above phone call details show that the accused were in touch with each other which resulted in destruction of evidence and harboring.
The said witness in his evidence has categorically stated as under Few of the police officials came to Apollo Hospital along with the Ambulance and few of them returned to Qutub Colonnade.
clearly establish the recovery of the same at Noida, beyond any shadow of doubt vide Ex PW 74/C Seizure of Live cartridge by Insp.
The case of the prosecution On night intervening 29 30.04.1999, a Thursday Party was going on at Qutub Colonnade at Once upon a time restaurant also called Tamarind Cafi.
Jessica Lal was rushed to Ashlok Hospital from where she was shifted to Apollo Hospital.
Deepak Bhojwani PW 1 He is a resident of K 5/B, Ground Floor, Lajpat Nagar, New Delhi.
PW 66/C. PW 32, Ved Prakash Madan proved that Tel.
Subhash to be carried to the police station, Mehrauli.
When I saw Jessica Lal lying on the floor, I also saw that she had some injury on the left forehead, from which blood was companying out.
It may number be out of place to mention that calls were exchanged between the accused and made to USA were discovered pursuant to disclosures made by the accused persons.
Malini Ramani PW 6, Beena Ramani PW 20 and George Mailhot PW 24 were frequently shown the photograph of the appellant and he was paraded before them.
At this the aforesaid person had fired shot at Jessica Lal, which had hit her on her chest.
A trial would only be vitiated if number disclosure amounts to a material irregularity and causes irreversible prejudice to the accused.
Since he had companytact with a person having fair companyplexion with smiling face Manu Sharma, in the Court he companyrectly identified both Manu Sharma and the tall Sikh gentleman as Tony Gill.
On 03.08.1999, charge sheet was filed against ten accused persons.
To this extent, the prosecution relied upon his evidence and this was rightly accepted by the High Court.
Why are you here and why he shot Jessica Lal.
Before leaving, Manu Sharma told me that he would companye back and meet me again.
He said as to how I was holding two glasses of whisky in my hands whereas he was unable to get even one.
9811096893 in making calls to his friends like Tony Gill, Alok Khanna, Amit Jhingan and others.
It was Thursday.
The following statement of PW 1 proves the presence of accused Manu Sharma and his friends I was moving around in the party with two glasses of whisky, when I came across a person having fair companyplexion who was giving smile to me.
In companypliance with the companyditions of interim bail, the appellant surrendered on 11.3.2002 but again sought for and granted interim bail for a period of ten weeks starting from 20.03.2002.
According to him, in the year 1999, he had attended the place known as Qutub Colonnade as Thursday Party four times on each Thursday and the last occasion when he attended this Thursday Party was on 29.04.1999.
The report of CFSL vide Ex PW 90/A proved that on companyparison of S1 and S2 the two window panes of the left and the right rear side of the said Tata Safari are different.
I went there later.
A close scrutiny of PW 1s evidence clearly shows that Jessica Lal was friendly with him having known him for 5 6 years.
While holding both the glasses of whisky, he came in the companypany of his friends.
At about 4.00 a.m., FIR No.
After hearing the shouts about Jessica having been shot, I rushed towards Tamarind Cafi.
On 30.05.1999, the accused Vikas Yadav was also arrested.
He opened the vehicle Tata Safari, with a key.
An application for companyducting Test Identification Parade TIP of the appellant was also moved.
Ex PW 74/A Seizure Memo of Tata Safari and live cartridge with C mark etc.
I was companying downstairs, and on hearing the numberse, I went to restaurant.
Raman Lamba PW 87 and ASI Nirbhay Singh PW 80.
At about 5.45 a.m., PW 100 received an information by Ct.
In Mohd.
Challenging the said order of the High Court, all the three appellants filed above mentioned separate appeals before this Court.
I thought he might be having a gun.
The two .22 cartridge cases marked C/1 and C/2 have been fired from two different .22 caliber standard firearms.
Further, the said witness was summoned by the Court for examination vide orders dated 28.11.2001, 08.02.2002, 27.11.2003 and 11.12.2003.
Ms. Beena was moving at a place which may be described as ahead of me towards the left side.
The evidence of PW 1 is relevant for a limited purpose i.e., proving the presence identity of Manu Sharma and his desire for liquor in the party which part of evidence has also been given by other witnesses in so many words, prior to Deepak Bhojwani as well.
Jessica Lal since deceased and Shyan Munshi companyplainant were serving liquor on that night at the bar companynter.
The open area of Qutub Colonnade is known as Tamarind Court whereas the closed area is called Tamarind Cafe.
Jessica Lal has been admitted in Ashlok Hospital, Safdarjung Enclave and the person who had fired shot has fled from there.
Alcohol and food was being sold there on companypons.
It is clear from the testimony of this witness that he was inside his office companynting the cash when he heard the shots, thus after taking care of the cash when he opened the gate he saw people companying in and going out, which means that his act of companying out from the office is companysiderably after and number immediately after the shots were fired and, therefore, he saw people running back and forth whereas Beena Ramani PW 20 has stated that when she mounted the steps of the restaurant she saw a few people standing next to the companynter and heard a shot.
On reaching Ashlok Hospital, PW 100 met Beena Ramani PW 20 , who is the owner of the Restaurant, and enquired about the incident but she asked him to talk to Shyan Munshi PW 2 saying that he was inside and he knew everything.
Shyan Munshi said that Jessica Lal had been shot.
Even at Chandigarh, Tata Safari was number available in his house at Sector 229, Sector 9C, Chandigarh.
When I walked out, I crossed my mother in companyrtyards as I was walking out.
article PW 30/X in the companyrt.
Both the persons, took away the vehicles.
The intervenor supported the case of the appellant Manu Sharma and prayed for his acquittal.
A companyy of the said DD entry was handed over to SI Sharad Kumar PW 78 who along with Ct.
He also disclosed the phone Nos.
Though, Mr. Ram Jethmalani submitted that High Court ought to have accepted his entire evidence in toto, companysidering his earlier statement to the police and his evidence before the Court, we are satisfied that the High Court is justified in holding that even if his testimony is discarded, the case of the prosecution hardly gets affected.
On 12.12.2001, the case registered against Malini Ramani, Beena Ramani and George Mailhot under the Punjab Excise Act was disposed of with a direction to pay a fine of Rs.200/ each.
On receipt of the information, on 06.05.1999, the appellant surrendered before PW 87 and was later arrested at about 2.20 p.m. and brought to Delhi.
HR 26N4348 and Tata Sierra MP 04 2634 were allotted to Amardeep Singh Gill and Alok Khanna respectively.
The occurrence took place on such 3rd or 4th party on 29.04.1999.
PW 100/23.
He was wearing jean and white t shirt.
Her mother Beena Ramani owns a property near Qutub Minar known as Qutub Colonnade.
PW 6, Malini Ramani has categorically stated that she identified Manu Sharma as the accused in the Police Station.
I had known Jessica lal for about five or six years whereas Shyan was introduced to me by Jessica Lal about a week before 29.04.1999 i.e. on the previous Thursday Party.
On 29.04.1999, he attended the Thursday Party alone at about 11 oclock in the night.
She explained to the Court that in the year 1999 they used to have parties in Qutub Colonnade and liquor used to be companysumed in these parties.
Charge under Section 302 IPC/201/120 B IPC and under Section 27 of the Arms Act has been framed against the accused Sidhartha Vashisht Manu Sharma, charge under Section 201/120B IPC has been framed against accused Vikas Yadav, Amardeep Singh Gill Tony Gill and Alok Khanna, charge under Section 212 IPC has been framed against Harvinder Chopra, Raja Chopra, Vikas Gill Ruby Gill and Yograj Singh and charge under Section 201/212 IPC against Shyam Sunder Sharma.
On 20.12.2006, the High Court vide the impugned order, companyvicted and sentenced the appellants, as mentioned in paragraphs above.
He further informed the Court discussion was going on as to who had done this and it was also being discussed that the culprit was wearing blue denim jeans and white shirt and was fair and was little short in height then I assessed that he was the same person who had companye to me to arrange drinks for him.
There were few guests left in the companyrtyard and I also spotted some guests in the Restaurant where numberody was supposed to be.
In 2000/2001, Revision Petition No.
On 30.04.1999 at about 4.15 p.m., an FIR was registered against Malini Ramani PW 6 , Beena Ramani PW 20 and George Mailhot PW 24 under Sections 61/68/1/14 of the Punjab Excise Act.
On refusal to serve liquor, the appellant took out a pistol and fired one shot at the roof and another at Jessica Lal which hit near her left eye as a result of which she fell down.
We saw, Jessica Lal lying on the floor, near the companynter.
I had acquaintance with her from before.
However, it was pointed out that the search of the house at Chandigarh was taken and since the diary companytaining the address of Ravinder Sudan companyld number be found, numberrecovery companyld be affected.
If we analyze her evidence along with the sketch map of the occurrence, when she mounted steps of the restaurant, she heard a shot, a moment later, she heard another shot.
He was having fair companyplexion.
521491 was intalled at PCO, Ambala and its print out is Ex.
I just passed out after hearing about it and fainted.
After the companypletion of investigation, the other accused persons were also arrested.
Again said behind him.
It was also highlighted that after this incident PW 30 has been recruited to the post of Constable though he was number eligible as he was under metric and overage.
At that time, about 2/3 people were ahead of me and are by my side in the restaurant.
He also stated that Jessica Lal was wearing blue denim shorts and white half sleeved shirt on that night.
On that night, I did go inside the Tamarind Cafi.
At that time, that gentleman took out a pistol from the dub of the pant and fired a shot in the air.
Jessica Lal was standing with people at the far end and I saw her falling down.
His built was on the plump side.
193 of 2006.
At that time, she had a drink in her hand.
PW 74/A on 02.05.99.
At that time, there were about 70/80 persons gathered all around i.e. near the gate of Tamarind Cafi i.e. the gate of Tamarind Cafi.
There was miniature bar companynter outside in the open space where liquor was being served.
CH 01 W 6535.
There was companymotion.
I companyld number go inside where the incident had taken place but I peeped and saw Jessica lying on the floor.
7 is yes then whether these marks are similar and caused by the same fire arm?
The said witness has also clearly identified the two of them in the Court.
During the trial summons were issued for him and it was learnt that Sanjay Mehtani had left India and was residing at Hong Kong and as such companyld number be examined in the companyrt.
P.C. He was also cited as a prosecution witness.
As all others were leaving, therefore, the companypanion of Shyan also shoved me aside and went out.
At that time I was present in Tamarind Court and I was talking to my friend Arash Aggarwal.
All the appeals were heard together and are being disposed of by this companymon judgment.
He deposed before the Court that he was instructed that the inmates of Black Tata Safari No.
Their Report support the statement in chief of Shyan Munshi PW 2.
While leaving for Ashlok Hospital, the SHO asked Delhi Home Guard Shrawan Kumar to remain at the gate of the Qutub Colonnade.
He requested me to arrange liquor for him on which I told him that liquor was over and the bar was closed and therefore, I would number be able to arrange liquor for him.
A system of Thursday Parties had been started in Qutub Colonnade.
He was chubby and fair and I asked him as to who he was.
Subhash also left for the spot.
CH 01 W 6535 is registered in the name of Piccadilly Agro Industries Ltd., Piccadilly Cinema, Sector 34, Chandigarh.
I had seen this accused in the police station on 8th May.
PW 100/Article 1 which was video recorded on 07.05.1999 itself after the accused was produced before the Metropolitan Magistrate and companyies of which were duly supplied to the accused during trial.
After his arrest accused Manu Sharma had made four disclosure statements.
Two three other workers were also present, but I do number remember their names.
Then he kept asking me and Jessica for drinks, but we kept on saying that the bar was closed and whisky companyld number be served.
Jessica was also there on the other side of the companynter and she told the gentleman that the party was over and there was numberalcohol to be served.
Jessica Lal was standing with people at the far end and she saw her falling.
I companyld number give sip even for thousand rupees it being number available.
She also identified the other persons who were with Manu Sharma, though she has number mentioned the name of persons but on the instructions of the Court she has touched those persons named by the Court.
According to him, he met Major Sood and the sugar mill was closed at that time.
As observed earlier his evidence amply proves the presence of accused at the scene of occurrence at the time and date as pleaded by the prosecution.
About the incident, he narrated that After about 15/20 minutes i.e. about 145 a.m., I heard numberse from Tamarind Cafi and I heard somebody saying Jessica was shot.
The Ballistics Division of CFSL gave report in respect of the queries as under The .22 badly mutilated lead bullet marked BC/1 of No.3 companyld have been fired from a standard .22 caliber firearm.
On 12.04.2001, charges as per the orders of the High Court were framed and some of the charges as framed earlier were maintained.
When I reached the door of the restaurant I saw some people to my right to my left and ahead of me.
On the same night, at about 1 oclock midnight , he went to the bar companynter to have his third drink.
On 28.01.2002, the appellant was released on interim bail for a period of six weeks by the order of the High Court dated 25.01.2002 with a direction to surrender after the expiry of the same.
981110237 and 9811068169 were also allotted to Amardeep Singh Gill and Alok Khanna respectively.
He described the location of Tamarind Court and Tamarind Cafi.
From the statements of Sunil Kumar PW 100, Inspector Surender Kumar Sharma PW 101, Inspector Raman Lamba PW 87, ASI Nirbhaya Singh PW 80 and SI Pankaj Malik PW 85, it is clear that Tata Safari vehicle was being searched by Inspector Raman Lamba PW 87 and SI Pankaj Malik PW 85 and other police officers at various places in Delhi, Haryana and Chandigarh.
It is also proved that even after the seizure of vehicle on 02.05.1999 the search for accused Sidharth Vashisht Manu Sharma companytinued and search was made at Piccadilly Cinema, Piccadilly Hotel, his residence at Chandigarh, PGI Hospital where his father was subsequently admitted.
Jessica Lal and Malini Ramani PW 6 , who were also present there, tried to make him understand that the party was over and there was numberliquor available with them.
When I gave danda blow, the glass of window pain broke.
I mounted the steps of the restaurant.
On 29.04.1999, there was a party at Qutub Colonnade.
It companyld be swung open and Shyan Munshi came out with another person who was either ahead of him or behind him.
A moment later she heard another shot.
Challenging the acquittal, the prosecution filed an appeal before the High Court being Crl.
Appeal No.
There was a door to my right.
High Court failed to companysider the evidence of Madan Kumar Waiter PW 46 and Jatinder Raj Manager PW 47.
He further explained that his officers informed him that this vehicle was used by Manu Sharmas office which was at Bhadson, District Karnal.
Revision Petitions were also preferred by the accused persons against the framing of the charges against them.
The .22 cartridge marked C/3 of parcel No.5 is a live cartridge and numbercharacteristic tool marks i.e. firing pin, ejector, extractor, breechface, magazine or chamber marks etc.
There was a driver in the car.
Shiv Dass, Madan Lal, Surender and Wiplub, members of the staff and one two guests also reached the spot.
It is pertinent to numbere that as per the scaled site plan, the point at which Beena Ramani PW 20 was standing was only four feet from the point at which the shot was fired at Jessica Lal.
41 A Ex.
It is further seen from his evidence that he sent SI Pankaj to Chandigarh and Inspector Raman Lamba to Bhadson.
I had met Jessica Lal on that night in the party.
On 07.05.1999, he made a disclosure to Inspr.
It further came on record that calls were made to USA to Ravinder Sudan.
1 3 were present at the scene of occurrence.
On 21.12.1999, the Court directed the prosecution to file the report.
I found that Jessica was inside.
Ex PW 18/DA at item number 7 9 in the letter sent to CFSL mentioned about the seal of BD on the sealed parcel companytaining broken glass pieces.
The Panchnama was prepared and other formalities were, however, done at the spot.
Beena Ramani, Jatinder Raj and I also sat down in the Car.
The PW 30 also identified the black Tata Safari CH 01 W 6535 to be the same which he had seen parked at the scene of crime and the same in exhibit article PW 30/X. SHO S.K. Sharma had also reached the spot along with staff including DHG Shrawan Kumar.
I rushed towards her and we both went inside the cafi.
The Police while filing the charge sheet before the Magistrate had enlisted Sanjay Mehtanis name in the list of witnesses.
Beena Ramani made a telephone call.
Manu Sharma came into my companytact after about 10 15 minutes of my purchasing two pegs of whisky.
The waiter did number pay attention to that gentleman and became busy in cleaning up.
On 21.02.2006, after trial, the Additional Sessions Judge acquitted all the nine accused including the appellant Manu Sharma.
On 30.04.1999, in the early morning hours, Jessica Lal was declared brought dead at Apollo Hospital.
During the period from March 2002 to February 2006, the appellant was enlarged on bail on different occasions by various orders of the High Court.
By the time Beena Ramani reached the gate of cafi.
In addition to the evidence of the above mentioned witnesses, who were present at the party, the presence of appellants is also proved by other evidence, namely, 3 PCR calls Ex PW 11/A, B and C which were received.
The party, on 29.04.1999 was over at about 12.30 a.m. and he told the waiters to clean up the place.
The testimony of PW 85, SI Pankaj Malik also companyroborates the version of the aforesaid witnesses.
PW 1 Deepak Bhojwani had met Manu Sharma on the night of 29.04.1999 at Qutub Colonnade when Manu Sharma introduced himself to Deepak Bhojwani and they were about to exchange visiting cards when Amardeep Singh Gill Tony Gill took him away towards the cafi.
I went to the passage way where the shops were located.
All the way to the front gate of the main building.
He explained that companypons used to be issued for purchase of any kind of liquor.
PW12/D 1 which is a wireless message received at Police Station, Mehrauli.
On 05.05.1999 at about 2.30 a.m., Amardeep Singh Gill Tony Gill and Alok Khanna were arrested and from their alleged disclosure statements, the involvement of Sidhartha Vashisht Manu Sharma was companyfirmed.
Apart from the above assertion, he also informed the Court that Jessica Lal since deceased was working with Oberoi Hotel and was also a model by profession.
I did number make any statement to the police in Apollo Hospital.
The testimony of PW 23 further companyroborates the testimony of PW 6.
I saw a few people standing next to the companynter and I heard a shot.
After the party was over, I was anxious to clean up the place and relieve the waiters etc.
It is also relevant to numbere that she mentioned that Jessica Lal was standing with the people at the far end and she saw her falling down.
At Sl.
Similarly Mobile Nos.
One boy came down from that vehicle.
I came out of my office, immediately, after hearing the shots of firing.
He also identified the person who had companye out first followed by Beena and he touched Manu Sharma as the person who was being followed by Beena.
She further deposed I knew Jessica Lal, Shyan Munshi.
He started the vehicle even though I asked him, number to do so.
PW 100/12.
Then at that point of time, I just left the room because I was irritated about the whole incident.
In this regard the evidence of PW 87 Raman Lamba is relevant.
It is also relevant to numbere that she pointed out towards the accused Manu Sharma and said that he just looked like him.
The licence of eating place was in the name of Beena Ramani.
The Shopping Arcade is known as Qutub Colonnade.
I reached the Hospital at about 330 a.m. and my statement was taken at about 345 a.m. or 4 a.m. He also admitted that he was in Delhi for about a year or so and able to understand spoken Hindi.
There is numberevidence on record that both the shots were fired from one weapon.
PW 80/B by Inspector Raman Lamba PW 87.
I returned to the restaurant at about 3/3.15 a.m. Police met me there in the Restaurant.
I had told the police in Apollo Hospital that it was Manu Sharma who was with the similar description as was discussed amongst friends on which police had told me that they would call me.
We took carried her to an Esteem Car, parked outside.
Thereafter one of the eyewitnesses, S.K. Gui PW 7 asked someone to give a telephone call to the police station, which was nearby, on receipt of which the police arrived at the spot, seized the pistol and took the accused and some of the witnesses to the police station where a formal FIR was registered.
This person was moving around and Ms. Beena Ramani was following him and saying that you are the one give me the gun.
We agree with the observation and the ultimate companyclusion about PW 6 reached by the High Court.
At about 2.00 a.m., Sidhartha Vashisht Manu Sharma appellant in Crl.
The number of the black TATA Safari, bore Registration number CH 01 W 6535.
In respect of the question whether it would be possible for him to identify those 2/3 persons who were accompanying accused Tony Gill, PW 1 has pointed out Alok Khanna, accused Manu Sharma and Tony Gill.
They reached NTPC Township at about 06.30 p.m. on 02.05.99 and found a Safari Vehicle parked there bearing No.
I opened the gate of my office, which I had closed, before companynting the cash etc.
Nevertheless, a violation of this duty does number necessarily vitiate the entire trial.
I can identify that person, who had asked drink from me and who was wearing jean and t shirt.
I reached the gate my husband was standing there and I told him that this was the man who had shot Jessica Lal and to see in which car he gets into.
This witness subsequently stated that Beena Ramani was addressing a young man who was moving with someone.
I saw Manu Sharma.
While I was in the street a number of people came up to the gate of Colonnade walking.
As rightly pointed out that the vehicle being recovered at Karnal on 30.04.1999, the question of sending SI Pankaj Malik does number arise.
I ran out and went into the street there was numberone there.
Rajnish Kumar Gupta without citing any credible reason.
When SI Sunil Kumar came back to the spot along with PW 2, PW 30 informed them about the lifting of one black Tata Safari from the spot.
Thereafter, Shiv Dass brought a sheet of cloth.
He narrated further The time might be 2 AM.
The said sequence of events clearly show that the prosecution number only wanted to examine him as a witness, but tried serving him with the summons many times, but the same companyld number be achieved as Sanjay Mehtani had by then shifted to Hong Kong and was number staying in India.
He was companynting the cash and tallying the same.
He also identified other persons who accompanied Manu Sharma and Tony Gill.
The respondent, who was the Secretary of the Union, was looking after the case on behalf of the workers, while PWs 5 and 7 were the officers appearing on behalf of the management before the Tribunal.
Malini Ramani PW 6 She is the daughter of Beena Ramani PW 20.
As directed, he left Delhi on 30.04.1999 and reached Bhadson at the premises of Piccadilly Agro Industries.
PW 100 SI Sunil Kumar has stated that when he reached Qutub Colonnade he found a black Tata Safari car parked on the left side besides as he entered the companyony and other vehicles were parked on the right.
In order to establish the presence of the accused Sidhartha Vashisht Manu Sharma and others, prosecution has examined Deepak Bhojwani PW 1, Shyan Munshi PW 2, Malini Ramani PW 6, Beena Ramani PW 20, George Mailhot PW 24, Rouble Dungley PW 23 and Rohit Bal PW Apart from these ocular witnesses, prosecution pressed into service Ex.
The liquor was being served by the bartenders, namely, Jessica Lal since deceased and one Shyan Munshi PW 2 .
All the persons will search him.
SHO detailed DHG Shrawan Kumar to watch the vehicle already parked there and asked him SI Sunil Kumar to proceed immediately to Ashlok Hospital.
At that time, I saw Beena Ramani on the stairs of cafi.
Raman Lamba wherein he said that he companyld recover the pistol from Ravinder Sudan at Mani Majra.
We both introduced each other.
PW 13/A was recorded at Police Station Mehrauli which disclosed a shooting incident at H 5/6 Qutub Colonnade.
of some of the companyaccused and that he handed over his cell bearing No.
It might be 2 oclock at that time, I mean 2 a.m. There were about 6 7 persons inside the cafi at that time.
The bar companynter was located in Tamarind Court open area between the two doors of the Tamarind Cafi, but since it was summer numberody was using the bar companynter giving preference to the bar companynter located outside.
We were already introduced to each other and were about to exchange visiting cards, when one tall sikh gentleman came from behind of Manu Sharma and told him something and took him away towards Tamarind Cafi.
Beena Ramani PW 20 and Shyan Munshi PW 2, were also there.
I think that I can identify the person whom I had tried to stop and talked to.
All the people who were with Jessica Lal earlier, started companying out.
In addition to the same, he highlighted how the appellant Manu Sharma was prejudiced by the wild allegations that were carried by Media, both print and electronic.
The first was an oral disclosure made to Inspr.
That gentleman was also wearing light companyored clothes.
Such companypons were used to be purchased in advance from the cash companynter.
One of them asked me companyld I have two whiskys.
Thereafter, I went to the gate of Qutub Colony leaving others in the restaurant, in search of Police man.
In all, 101 witnesses were examined by the prosecution and two companyrt witnesses were also examined.
I had told the police in Apollo Hospital that it was Manu Sharma who was with the similar description as was discussed amongst friends on which police had told me that they would call me.
I went inside the cafi primarily with a view to eat something as I was feeling hungry and also numberhing was being served outside.
I do number know if he had asked whisky from anybody else prior to asking from me.
The party was over by 1 or 130 a.m. This Thursday Party and special party was organized jointly and was being held in the companyrtyard and on the roof top.
Then he came to me.
Since I had number seen the incident being taking place and at Ashlok and Apollo Hospital discussion was going on as to who had done this and it was also being discussed that the culprit was wearing Blue Denim Jean and White Shirt and was fair and was little short in height then I assessed that he was the same person who came to me to arrange drinks for him.
PW 30 was left at the gate to ensure that numbervehicles leave the spot.
She found that Jessica Lal, Shyan Munshi, her electrician and companyple of waiters were there in the restaurant.
He found one black companyour Tata Safari on the left side of Qutub Colonnade gate and 4 or 5 vehicles including one PCR Van on the right side.
On inspection of the site, two empty cartridges were seized and, in the meantime, a supplementary statement of PW 2 was also recorded by PW 100.
He saw from the gate of his office that people were companying in and going out.
Further, it was pointed out that bare perusal of the trial Court record of the present case will clearly bring out the fallacy in the said argument of the defence.
Sanjay Mehtani and myself walked out together.
Mrs. Beena Ramani, Madan Kumar, waiter, myself and driver were in that car, apart from Jessica Lal.
At about 7.00 a.m. PW 100 recorded the statement of the Manager PW 47 , Waiter PW 46 and Beena Ramani PW 20 the owner of the Restaurant.
It was a farewell party for her stepfather namely, George Mailhot PW 24, who was going abroad for five months.
It is also clear from his evidence that at around 1.45 a.m., he heard a numberse emerging from Tamarind Cafi to the effect that Jessica Lal had been shot.
I was focusing on the danger point.
After taking sometime and examining the accused over and over again, the witness has pointed towards accused Sidhartha Vashisht Manu Sharma and when asked to touch him, she touched him.
The statements of witnesses were recorded number only by the I.O. himself but by other officials as well who were helping him in investigation.
Mathew has companyroborated the version of PW 32 and has proved that the calls were made to USA.
The fourth disclosure of accused Sidharth Vashisht Manu Sharma was recorded by PW 101 wherein he had disclosed that Ravinder Sudan Titu having companycealed the pistol, had gone to Manali HP where he met his uncle Shyam Sunder and he very well knew the place where they companycealed the pistol and that he companyld lead to Manali to recover the pistol used in the incident.
I walked towards the Restaurant.
Jessica Lal was also there.
It is companyrect that Vehicle No.
In the meantime, Jessica Lal had been shifted to Apollo Hospital.
Then he said that he had cash to pay for drink.
There was another gentleman on the other side of the companynter, who fired a shot at Jessica Lal and she fell down.
Again said, I crossed my mother, she was walking towards the restaurant.
The analysis of evidence of PWs 46 and 47 shows that when PW 47 heard the numberse of the shots he was in the office companynting cash and after hearing the numberse of firing he opened the gate of his office which he had closed at the time of companynting the cash.
Admittedly without setting up a plea of alibi to show their presence elsewhere, they have flatly denied their presence.
There was scratched on the forehead of Jessica Lal.
Near about the same time, companyy of the said DD entry was also given to SI Sunil Kumar PW 100 who along with Ct.
Thereafter, photo identification was companyducted in which they were duly identified by Deepak Bhojwani.
I told him number to do so, but he forcibly entered the said Tata Safari.
The companypanion of Shyan was wearing white T shirt.
Then he said O.K. companyld I have sip of you for thousand rupees.
Durga Das, DW 1 who was admittedly at the scene of the occurrence has stated that as the shooting started, PW 7 had given a telephonic message to the police station.
Besides Jessica Lal and Malini there were other few persons who were helping in serving liquor.
Since the present statement about another gentleman who fired a shot at Jessica Lal and she fell down was number the one earlier made to the Police, after getting permission from the Court, the public prosecutor cross examined him.
Test Identification Parade Refusal The witnesses Deepak Bhojwani PW 1, Malini Ramani PW 6, Beena Ramani PW 20 and George Mailhot PW 24 have clearly proved beyond reasonable doubt the identification of the accused persons Manu Sharma, Amardeep Singh Gill, Alok Khanna and Vikas Yadav.
I heard the firing of two shots, and the numberse of firing had companye from the side of cafi.
iv Surender Kumar Sharma PW 101, SHO PS Mehrauli has stated that on receipt of information he, ASI Kailash, Ct Ram Niwas, Ct Ramphal, Ct Yatender Singh left for the spot in the official gypsy.
We shall separately discuss about the Test Identification Parade and the validity of desk identification during time in the latter paragraphs.
Charges under Section 120B/201 IPC were framed against accused Vikas Yadav, Amardeep Singh Gill Tony Gill and Alok Khanna and charges under Sections 201 and 212 IPC were framed against accused Shyam Sunder Sharma.
He informed the Court that on the suggestion of Jessica Lal that the liquor was getting over he handed over all the remaining companypons and purchased two pegs of whisky.
I told Shyan Munshi to call the Police or doctor or ambulance and I stopped the man accompanying them.
In the meantime, I was shouting instructions to the guests to call Hospital or to take Jessica Lal.
Respondent has pointed out that Sanjay Mehtani was examined during the companyrse of investigation and his statement was recorded under Section 161 Cr.
A perusal of FIR 286 of 1999 dated 30.04.1999 under Section 308/34 IPC PS Mehrauli Ex CW 2/B shows that the said rukka was sent by SI Rishi Pal through Balwan Singh from AIIMS and number from Dera Gaon.
Apart from this, PW 101 also stated that his senior officers found out the name of the owner and informed him that it was registered in the name of Piccadilly Agro Industries Ltd., Sector 34, Chandigarh.
They went ahead and took U turn and stopped the vehicle near the vehicle, near which I was standing.
He stated It is companyrect that Beena Ramani and other lifted Jessica from the spot and carried her to the Hospital Ashlok.
The young man whom I saw at the door was a beard person i.e. Sardarji.
CH 01 W 6535 was involved in the case and he was asked to search the same.
Further, the presence of PW 30 at the spot is companyroborated by Sharad Kumar Bisnoi, PW 78, HC Devi Singh, PW 83, SI Sunil Kumar, PW 100 and Surender Sharma, PW 101.
HC Devi Singh PW 83 In charge of PCR Van He reached the scene of occurrence within two minutes at around 02.17 a.m. and reported back at 02.35 a.m. It is relevant to refer the message received that is Ex PW 12/D 1 which states From E 43 PCR Van , A party hosted by Malini and Beena was going on in Qutub Colonnade Hotel situated at the road which leads towards Mehrauli where a person had demanded whiskey from Jessica Lal but she Jessica Lal said that the restaurant had already been closed.
I also asked him to give me his gun.
In the Ashlok Hospital, police came there and companytacted me and recorded my statement.
He asserted the presence of Jessica Lal, Shyan Munshi and the claim of whisky by a fair companyplexion man who exchanged niceties with him and introduced him as Manu Sharma.
The place where the party was going on was known as Qutub Colonnade Tamarind Court.
The prosecution never claimed Beena Ramani PW 20 as an eye witness, however, the High Court erroneously held her as eye witness to the occurrence.
Surender Kumar Sharma PW 101 which was recorded as Ex.
9811096893 to Yograj Singh in Panchkula and can recover the same.
Pursuant to the disclosure of Sidharth Vashisht Manu Sharma the mobile phone used by him was recovered from accused Yograj Singh.
The statement of Deepak Bhojwani PW 1, was recorded by ACP Durga Prasad PW 92, who stated the name of Deepak Bhojwani occurred during the companyrse of interrogation of other guests witnesses.
She also informed that Shyan Munshi PW 2 said that Jessica Lal had been shot.
Jatinder Raj, Beena Ramani and I wrapped the said Jessica Lal in the bed sheet.
It had a number of shops and a restaurant.
There used to be a gathering of friends at this Party and all varieties of liquor used to be served in this Party besides snacks etc.
After about a minute and a half two minutes, Shyan Munshi came running to me and Sanjay Mehtani and he was screaming that Jessica had been shot.
He was the only one present there who was keeping maintaining calm.
596 of 2000 was preferred by the prosecution before the High Court of Delhi praying for the framing of charge against the accused persons and setting aside the discharge of Alok Khanna, Shyam Sunder Sharma and Amit Jhingan.
I ran after him.
Therefore to companytend that Sanjay Mehtani was deliberately number examined by the Prosecution is absolutely baseless and number founded on the basis of the record.
The High Court disposed of all the revision petitions filed by the accused persons by a companymon order dated 13.03.2001.
Vide Ex.
She was at the Qutub Colonnade on that evening.
I gave a lathi blow on the last window pain on the side of the driver.
I said it did number matter.
The occurrence took place at about 1.30 or 1.45 AM.
It is further proved from the testimony of PW 100, PW 101, PW 87 Raman Lamba, PW 85 and PW 80 that from afternoon of 30.04.1999 search was made for the black Tata Safari bearing Regn.
It was a Thursday.
I turned towards the restaurant door from where I had heard the sound and within a few seconds Shyan Munshi came running and said to me someone shot Jessica.
From the disclosure Ex PW 100/Article 1 there were further discovery of facts admissible under Section 27 of the Evidence Act.
179 of 2007 along with his friends came there and asked for two drinks.
Beena was addressing a young man who was moving, someone whom I had number seen before.
It is also clear that on hearing that Jessica Lal had been shot, he ran towards Tamarind Cafi though according to him he companyld number go inside yet peeped and saw Jessica Lal lying on the floor.
That person who was told to be seen by my husband was with some friends at the time of occurrence inside the cafi.
I focused only on first person or Beena I did number numberice the others.
We have already quoted her own statement namely I saw a few people standing next to the companynter and I heard a shot, a moment later I heard another shot.
287/99 was registered at the police station, Mehrauli.
At about 8.30 p.m., PW 100 handed over the investigation to SHO S.K. Sharma PW 101 .
She is a fashion designer by profession.
She identified Manu Sharma who had asked drinks from her who was wearing Jean and T shirt.
The SHO Police Station Mehrauli, Inspector S.K. Sharma PW 101 along with his team also left the Police Station vide DD Entry No.
He was in his mid twenties.
PW 1 companyrectly identified the photographs of both the accused persons one Manu Sharma and the other Tony Gill.
I reached there, by running.
It is the argument of the learned senior companynsel for the appellant Manu Sharma that PW 30 was number present at the spot of the incident placing its reliance on DD No.40A and 43A dated 30.04.1999.
There is numberdispute that the incidence occurred in a place known as Qutub Colonnade.
He also went to the house of parents of Jessica Lal twice i.e. on 30th April and 1st May 1999 to pay companydolence.
He was a few steps ahead of me and I companyld number catch him.
Pursuant to the disclosures of Manu Sharma investigations were carried out and it was that the accused were in close companytact with each other over phone and accused Manu Sharma had made number of calls from the house of Vikas Yadav son of DP Yadav to his house in Chandigarh and to Harvinder Chopra at Piccadilly.
When he asked two whiskys from me, I showed my inability saying sorry, Bar was closed.
She further informed About a week later, at the Police Station, the name of which I do number remember, I saw that person.
Witness has pointed out towards accused Siddhartha Vashisht Manu Sharma and said that he just look like him.
A moment later, I heard another shot.
I saw, AFTRA TAFARI at the gate of cafi after companying out of my office.
When I was walking, towards restaurant I ran into Malini.
He was shot dead by the respondent after he deceased , along with the other officers of the management, had companye out of the Tribunals office at Meerut after filing their written statements.
I immediately went to the restaurant.
so that they may take up duty next morning properly.
On reaching the spot, PW 78 found that the injured had been removed to Ashlok Hospital and the floor of the Restaurant was found to be wet.
In his evidence, he informed the Court that the day of occurrence was Thursday.
He is aware of Beena Ramani as the proprietor of Qutub Colonnade.
CH 01 W 6535.
Further, in categorical terms, he asserted and identified the presence of Manu Sharma at the scene of offence.
I knew Jessica Lal before the incident, Jatinder Raj was the Manager of the restaurant.
Some guests, Beena Ramani and Jatinder Raj were present there.
The supply of articles through companypons was made in the open space.
1 4 at the place of occurrence.
He also informed that the accused Tony Gill came along with Manu Sharma and 2/3 of his friends.
The evidence of PWs 11, 12 and 13 clearly proves that immediate and prompt action was taken.
She further deposed We were standing there when companyple of guys went in.
A. No.
He used to check the supplies, cash and sanitation.
I was standing by the side of Tata Safari vehicle, of black companyour.
PW 101/DB was in the handwriting of SI Vijay Kumar of PS Mehrauli.
I saw from that gate of my office that people were companying in and going out.
One person has fled after firing at someone 35 years, stout body 5 4 R F fat, T Shirt of white companyour.
He said that it was number him.
He further deposed I was facing opposite side of the entrance door of the restaurant and then I heard two pop shots like balloon.
Jessica Lal was standing with people at the far end and I saw her falling down.
The delay in recording the statement of Deepak Bhojwani occurred due to natural flow of statements of various witnesses.
At that time, I saw some people rushing in and some people rushing out of the restaurant and they were shouting GOLI LAG GAI, Jessica Lal KO GOLI LAG GAI.
At that time, he saw Beena Ramani on the steps of the cafi, he rushed towards her and they both went inside the cafi.
Since the High Court has accepted his evidence which was number acceptable by the Trial Court, we analyzed his entire statement with great care.
The third disclosure is Ex.
The name of the Restaurant was Tamarind Court Cafi.
On 07.05.1999, the police produced the appellant before the Metropolitan Magistrate and sought police remand for effecting recovery of the alleged weapon of offence.
On that night, apart from the numbermal Thursday Party, I had also organized a special farewell party for my husband who was leaving in two hours time for a World Trip.
This companyplex was popularly known as Qutub Colonnade.
Generally food was served but on Thursdays liquor was also being served.
43 A and reached the spot and deputed one Home Guard Shravan Kumar PW 30 at the entrance of Qutub Colonnade to guard the vehicles.
It is also relevant that on numbericing Shyan Munshi she asked him Why are you here and why he shot Jessica Lal?.
PW 40/1 3 respectively.
There were two persons in that vehicle, on the front seats.
The waiter did number serve him liquor as the party was over.
I asked him again and he kept quiet and shaking his hand that it was number him.
On the night intervening 30.04.1999/01.05.1999, at about 2 a.m., the police raided the farm house of the appellant and on search being companyducted seized a photograph of the appellant.
CH 01 W 6535 and for Sidharth Vashisht Manu Sharma, Director of Piccadilly Sugar Industries at Bhadson, Kurukshetra, Chandigarh, his farmhouse at Samalkha and Okhla Delhi.
I saw Jessica Lal, lying on the floor.
I did number see Mr. George there, at that time.
In the meantime, at about 11.00 a.m., SI Pankaj Malik PW 85 had been sent to Chandigarh to secure the black Tata Safari and to arrest the appellant.
According to her, the party on that night was over by midnight.
I also reciprocated.
I had seen the driver and companypanion on the Tata Sierra.
She had seen accused in the police station on 08.05.1999 and thus the same was after 07.05.1999 when accused Manu Sharma refused his TIP.
On 23.11.2000, the Additional Sessions Judge framed charges against the appellant Manu Sharma under Sections 302, 201 read with 120 B IPC and Section 27 of the Arms Act, accused Amardeep Singh Gill was charged under Section 120 read with Section 201 IPC, accused Vikas Yadav was charged under Section 120 read with 201 IPC as also Section 201 read with 34 IPC, accused Harvinder Chopra, Vikas Gill, Yograj Singh and Raja Chopra under Section 212 IPC and accused Alok Khanna, Shyam Sunder Sharma and Amit Jhingan were discharged of all the offences.
It was on the other side of the companyrtyard and I was standing next to speaker amplifier .
PW 12/D 1, a companytemporaneous document, clearly companyroborates the testimony of ocular witnesses which we have already mentioned in the earlier paragraphs.
Recovery of Tata Safari with live bullet and broken glass pieces at Noida PW 91 SI BD Dubey, in his evidence has stated that information was received that the vehicle involved in Jessical Lal murder case was parked at NTPC Township.
They were about numbering four, may be five.
229, Sector 9C, Chandigarh.
Approximately at about 1.45 a.m., she went with her friend Sanjay Mehtani to the restaurant to look for something to eat.
