Full Text
Translation output
HIGH COURT OF DELHI
CRL. A. 193/2017
SUNIL KUMAR ..... Appellant
Through: None
CRL. A. 193/2017
SUNIL KUMAR ..... Appellant
Through: None
VERSUS
STATE .....Respondent
Through: None.
Through: None.
CORAM:
JUSTICE S. MURALIDHAR JUSTICE I. S. MEHTA O R D E R
02.11.2017 In the
02.11.2017 In the
JUDGMENT
pronounced on 31st October 2017, the word „conceivable‟ occurring in para 23 should stand corrected as „inconceivable‟. The corrected para 23 will read thus:
“23. We then come to the next crucial witness PW-14. He too states that PW-1 was sitting on the cot and eating food. The accused was sitting on the cot next to that on which POW-1 was sitting. He states that Dinesh was standing near the cot. His exact words are: "All of a sudden, we heard bullet fire". He further states that “Constable Sunil had an SLR in his hand and Constable Dinesh was bleeding from his chest and back. Constable Kalu Ram snatched the SLR from Constable
Sunil.” Therefore, even PW-14 did not hear the sound of cocking of the
SLR. He too did not hear PW-1 caution the accused that the SLR was loaded. He too did not hear PW-1 ask the accused what he was doing.
Considering the size of the barrack and that there were only five persons present, it is inconceivable that if the accused had indeed cocked the SLR or if PW-1 had cautioned him that it was loaded, neither PW-8 nor PW- 14 would have heard it. PW-14 also did not see
2017:DHC:6566-DB the accused pointing the SLR at Dinesh prior to the firing.”
S. MURALIDHAR, J. I. S. MEHTA, J.
NOVEMBER 02 2017 Rm 2017:DHC:6566-DB
Sunil.” Therefore, even PW-14 did not hear the sound of cocking of the
SLR. He too did not hear PW-1 caution the accused that the SLR was loaded. He too did not hear PW-1 ask the accused what he was doing.
Considering the size of the barrack and that there were only five persons present, it is inconceivable that if the accused had indeed cocked the SLR or if PW-1 had cautioned him that it was loaded, neither PW-8 nor PW- 14 would have heard it. PW-14 also did not see
2017:DHC:6566-DB the accused pointing the SLR at Dinesh prior to the firing.”
S. MURALIDHAR, J. I. S. MEHTA, J.
NOVEMBER 02 2017 Rm 2017:DHC:6566-DB