Crl. A. 436 and 443/1976. Case: Santoshanand Avdoot Vs State. High Court of Delhi (India)

Case NumberCrl. A. 436 and 443/1976
CounselFor Appellant: Sima Gulati, Shikha Pandey, Arvind Kumar, Radhe Shyam Sharma and Ranjan Sharma, Advocates and For Respondents: Narender Mann, Spl. P.P., Manoj Pant, Advocate and Yasir Arafat, Adv.
JudgesS. P. Garg, J.
IssueCode of Criminal Procedure, 1973 (CrPC) - Sections 144, 145, 161, 164, 173, 190(b), 306, 31, 31(2), 313, 482; Constitution of India - Articles 141, 142, 144, 20(3); Explosive Substances Act, 1908 - Sections 3, 4, 4(b), 6; Indian Evidence Act, 1872 - Sections 10, 106, 108, 114, 114(b), 133, 145, 27, 3, 33, 8, 9; Indian Penal Code 1860, (IPC) - ...
Judgement DateAugust 14, 2014
CourtHigh Court of Delhi (India)

Judgment:

S. P. Garg, J.

  1. The appellants - Santoshanand Avadhoot @ Ghan Shyam Prasad (A-1); Ram Janam Dwivedi @ Ranjan Dwivedi (A-2) and Sudevanand Avadhoot @ Misri Lal Yadav (A-3) impugn a judgment dated 28.10.1976 of learned Addl. Sessions Judge in Sessions Case No. 9/1976 arising out of RC 11/75/CIU/SPE/CBI by which they were held guilty for committing offences under Section 120B(1) Indian Penal Code (in short 'IPC).' A-1 and A-3 were also held guilty under Section 307 IPC and Section 4(b) Explosive Substances Act 1908. By an order dated 01.11.1976, A-1 and A-3, were sentenced as under:

    (i) Rigorous imprisonment (in short 'RI)' for seven years under Sections 120B(1) read with Section 115 IPC.

    (ii) RI for ten years under Section 307 IPC for the attempt to murder CJI.

    (iii) RI for ten years under Section 307 IPC for the attempt to murder Sh.Ajoy Nath Ray.

    (iv) RI for ten years under Section 307 IPC for the attempt to murder Jamadar Jai Nand.

    (v) RI for ten years under Section 307 IPC for the attempt to murder driver Inder Singh.

    (vi) RI for seven years under Section 4(b), Explosive Substances Act, 1908.

    A-2 was awarded RI for four years under Section 120B(1) read with Section 115 of IPC.

  2. The sentences enumerated at Nos. (ii) to (vi) were to operate concurrently but only after A-1 and A-3 had served out the sentence mentioned at No. (i).

    (A) Facts in brief

  3. The factual matrix in which the appellants came to be prosecuted and convicted has been set out in detail by the Trial Court. I need not, therefore, recapitulate the same all over again except to the extent it is necessary. Shorn of details, the prosecution case as reflected in the charge-sheet is as under:

  4. In a macabre incident which took place on 20.03.1975 at about 04.15 P.M. the assailants threw two hand-grenades in the car in an attempt to murder Sh.A.N.Ray, the then Chief Justice of India (in short: CJI) when he was proceeding with his son Ajoy Nath Ray from the Supreme Court to his residence in a staff car bearing registration No. DL C 6431 driven by PW- Inder Singh. PW-Jai Nand, Security Officer / Jamadar was present inside the car in the front seat. The hand-grenades were thrown after the car had covered a distance of about 200 metres from gate 'A,' exclusively reserved for Supreme Court Judges at the intersection of Tilak Marg and Bhagwan Das Road when it pulled up there on account of STOP signal. The nefarious designs of the assailants did not yield any result and providentially the hand-grenades thrown inside the car did not explode. Apparently, the assailants failed to accomplish the dangerous mission. PW- Jai Nand who had seen an 'individual' throwing 'something' wrapped in a handkerchief inside the car through the window where CJI was sitting, questioned him as to what he was doing there. Instead of giving reply / response, the assailant suddenly started running towards Bhagwan Dass Road. It prompted Jai Nand to get out of the car and chase the assailant shouting 'pakro - pakro'. The culprit entered into a taxi parked nearby at Bhagwan Dass Road; came out of it immediately; fled towards Garhwal House; jumped over it; crossed its front gate and disappeared. SI Om Prakash, PW- Const.Jai Lal, PW-Ramji Lal and many others joined PW-Jai Nand to chase the assailant but in vain.

    The police machinery swung into action promptly on getting information from Police Control Room. Insp.Sajjan Singh, SHO Tilak Marg Police Station along with his team of police personnel reached the spot after receiving the wireless message from SI Inder Singh. He made an unsuccessful search for the culprit and returned to the crime scene at about 05.10 P.M. He examined the spot of occurrence, prepared a rough sketch (Ex.P-106) of the crime scene and seized various articles. He lodged First Information Report after recording Jai Nands statement (Ex.P16). Two unexploded hand-grenades (Ex.A3 and Ex.A4) lying near the rear portion of the car, handkerchiefs (Ex.A5 and Ex.A6) were taken into possession. Services of Major S.K.Sharma, Garrison Engineer were requisitioned to defuse the hand-grenades. Statements of the witnesses conversant with the facts were recorded. On 21.03.1975, the investigation was transferred to Crime Branch, Delhi Police. One Abrol arrested as a suspect was subsequently got discharged for want of evidence.

  5. The assailants without indicating their identity claimed responsibility for the attack and conveyed the information to various newspapers. 'The Indian Express' published a news-item developed out of a communication Ex.P10 received from 'unknown' sources on 24.03.1975. Similar communication (Ex.P11) was received in the office of 'The Statesman'. PW-16 (Prakasha Rao), Deputy News Editor sent it to the police as it contained dangerous matter. Communications Ex.P12 & Ex.P13 were dispatched to 'The Hindustan Samachar' and 'The Hindustan Times'. Letter (Ex.P14) contained in an envelope (Ex.P14/A), addressed to CJI was received by his Private Secretary in between March 23 and 30, 1975 when he was on tour to Punjab. Sh.S.K.Gupta, Registrar, Supreme Court, received it on April 01 or 02, 1975 after return from Punjab and he forwarded it to Superintendent of Police (Security).

  6. It is relevant to note that CBI had earlier registered RC1/75- CIA-1/SPE under Section 120B(1) IPC; 302 IPC and Sections 3 & 4 of the Explosive Substances Act, 1908 pertaining to Sh.L.N.Misra murder in a bomb-blast at Samastipur in Bihar. A-1 had already been arrested in the said proceedings in Patna on June 17, 1975. Feeling nexus between L.N.Misra murder case and the present one, Delhi Administration made a request to Delhi Special Police Establishment for investigation in the present case as well. CBI thereon formally registered the present case as RC11/75(CIU)/SPE/CBI dated June 30, 1975 at 05.40 P.M. and the investigation was assigned to Sardari Lal, DSP, CIU.

  7. A-1 was formally arrested in this case on June 30, 1975 at 08.30 P.M. Pursuant to disclosures made by him during police remand, A- 2 was arrested on 06.07.1975 and various articles including three diaries (Ex.P123, Ex.P124 and Ex.P125) were recovered from his residence. Vikram and A-3 were arrested at Bhagalpur on July 24, 1975 in some other case. They were formally arrested in the instant case on July 27, and brought to Delhi by air on July 28, 1975. A-1 to A-3 declined to participate in Test Identification Parade (in brief: TIP) fixed for July 30. Vikram during police remand from July 31 to August 14, 1975, expressed desire to record confessional statement (Ex.P9) voluntarily on August 14, 1975 before Sh.R.D.Aggarwal (PW-20), Addl. Chief Metropolitan Magistrate. Vikram was granted conditional pardon by Chief Metropolitan Magistrate and was made an approver on August 22, 1975.

  8. During further investigation, CBI arrested Ram Nagina Prasad at Icchapur on July 18, 1975 in L.N.Misra murder case. On July 25, 1975, pursuant to disclosure statement (Ex.P142) at his instance hand- grenade (Ex.A9) was recovered from near the bamboo wall of meat shop of Jagdish at Icchapur.

  9. During extensive and marathon investigation, CBI recorded statements of number of witnesses conversant with the facts. Anonymous letters (Ex.P10 to Ex.P14) were collected. From the approvers disclosures, CBI came to know about the activities of the conspirators in relation to the object and scheme of the conspiracy and the manner in which the object of the conspiracy was sought to be achieved and executed. On A-1s interrogation, CBI came to know about his association with PW-55 (Shiv Raj Singh) doing Ph.D. in Indian Agricultural Research Institute, Delhi. On July 05, 1975, DSP B.R.Puri (PW-71) recovered guest register (Ex.P122) containing entry (Ex.PW-122/A) relating to reservation of accommodation in the hostel for two days i.e. March 20 & 21, 1975 by him for a guest 'Pawan Kumar' of Azamgarh. It revealed that the said reservation was made at A-1s instance and the accommodation was used by him to stay with A-3. On A-2s interrogation, it came to light that he had booked a berth in second class on March 15, 1975 in the name of 'Pankaj Kumar' to perform journey from Delhi to Howrah by a train departing Delhi on March 25, 1975 at the instance of A-1. A-1 allegedly asked A-2 on March 21, 1975 for another reservation in the said train in the name of 'Ramesh' Kumar. After recording statements of the relevant witnesses and scanning relevant railway documents, it revealed that A-1 and A-3 had performed the journey on the tickets reserved in fictitious names by A-2. The investigating agency discovered on A-1s interrogation that Tilak Raj Bhatia (PW-4) and Charan Singh (PW-5) had knowledge about the movements of A-1 and his associates at the time of commission of the crime. In their statements recorded on July 10, 1975, PW-4 and PW-5 confirmed the account of the occurrence later on given by the approver.

  10. During further investigation, the exhibits were sent to Central Forensic Science Laboratory for examination and its reports were collected. Specimen handwriting and signatures of the appellants were obtained and sent for comparison with the questioned documents. The Chief Investigating Officer obtained the required sanction (Ex.P-153) from the Administrator of Union Territory of Delhi for the prosecution of A-1, A-3 and Ram Nagina Prasad under Sections 4 & 6, Explosive Substances Act, 1908. On completion of investigation, CBI submitted the final report to the Chief Metropolitan Magistrate on August 28, 1975. The learned Chief Metropolitan Magistrate recorded the statement of Vikram, the approver, on various dates between December 03, 1975 and January 14, 1976 and committed the case to the Court of Sessions by an order dated January 23, 1976.

  11. After hearing both the sides and considering the record of the case, the Trial Court did not find sufficient ground to proceed against Ram Nagina Prasad for the offence of criminal conspiracy to kill CJI...

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