2009 INSC 0892
                        SUPREME COURT OF INDIA

                        Prem Singh

                           Vs.

                        State of (N.C.T.) Delhi

                        Crl.A.No.589 of 2002

                        (Arijit Pasayat J.)

                        24.04.2009

                        JUDGEMENT

Dr. Arijit Pasayat, J.

1. Challenge in this appeal is to the order passed by a learned Single Judge of the Delhi High
Court in Criminal Appeal No. 233 of 1997 which dismissed the revision petition filed by the
appellant. The appellant, who had faced trial for alleged commission of offences punishable
under Section 307 of the Indian Penal Code, 1860 (in short the `IPC') and Section 27 of the
Arms Act, 1959 ( in short the `Arms Act').

2. Learned Additional Sessions Judge found the appellant guilty and convicted him to
undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000/- with default
stipulation. Similarly for the offence punishable under Section 27 of the Arms Act, custodial
sentence of three years and a fine of Rs.1,000/- with default stipulation was filed.

3. Background facts in a nutshell are as follows:

"Preetam Pyare had agreed to purchase a plot from Prem Singh and Sunder Lal and
had paid Rs.2000/- as earnest money to them. They, after accepting this earnest
money, did not sell the plot to Preetam Pyare and had sold it to someone else and
when Preetam Pyare demanded back his earnest money, they refused to return it. On
25.12.1992 at about 10.30 p.m. Prem Singh, Sunder Lal and Kakoo, came to the
house of Preetam Pyare and took him away saying that they will return his earnest
money. Preetam Pyare and his two sons Bhusan Lal and Kamal Kishore came along
with them for having talks on the return of money and they reached in front of
H.No.407- D, while talking. The wife of Preetam Pyare, Smt. Shanti Devi also
followed them and while they were talking, the talks became uncordial and abuses
were hurled. Sunder Lal and Kakoo were having lathis in their hands and Sunder Lal
exhorted them to beat them. On this Prem Singh took out a 2 revolver and shot him in
his chest. He also shot at Bhushan Lal S/o Preetam Pyare, in his chest saying that, this
is the way to return the money. Kakoo and Sunder Lal had beaten Kamal Kishore, the

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younger son of Preetam Pyare as a result of which he received injuries on his head.
When Smt. Shanti Devi complainant, W/o Sh. Preetam Pyare raised an alarm, the
accused persons ran away from the spot. The Mohalla people took the injured to the
hospital. She then lodged a complaint with the police on the basis of which, rukka
was sent and on the basis of which case under Section 307/34 IPC r/w of Arms Act
1959 was registered against the accused persons. The MLC for the injured was
obtained and the accused persons were arrested. The revolver and the recovered bullet
was seized and was sent for analysis to the CFSL and after completion of the
formalities, the challan was filed in the court."

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