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State Vs. Sidhartha Vashisht etc. page no.1

IN THE COURT OF SHRI S.L. BHAYANA Addl. Sessions Judge, New Delhi

STATE VS. SIDHARTHA VASHISHT ETC.

1.Sidhartha Vashisht @ Mannu Sharma s/o Sh. Vinod Sharma r/o H.No.229, Sector 9-C, Chandigarh

2.Vikas Yadav s/o D.P.Yadav r/o 4/16, Rajnagar, Ghaziabad, UP Present address 15,BR Mehta Lane, New Delhi

3.Amardeep Singh Gill @ Tony Gill s/o Sh. Shivdev Singh Gill r/o H.No.541, Sector 10, Chandigarh Present address 16/1, Second floor, Friends Colony West, New Delhi

4.Alok Khanna s/o Rajender Kumar Khanna r/o H.No.D-69, Second Floor, Defence Colony, New Delhi

5.Amit Jhingan s/o Kewal Krishan Jhingan r/o B-10/7262, Vasant Kunj,

New Delhi

(discharged on 23/11/2000)

6.Shyam Sunder Sharma s/o Kedar Nath Sharma r/o 229, Sector 9-C, Chandigarh.

7.Harvinder Chopra s/o Lakhmi Chand Chopra r/o 1568, Sector 33-D, Chandigarh.

8.Vikas Gill @ Ruby Gill s/o Harpal Singh Gill r/o Amar Filling Station in front of Singhwa Bet road, Jagraon Distt. Ludhiana, Punjab Present address 141, Phase 2, Mohali, Distt Ropar,Punjab

9.Yograj Singh s/o Late Sh. Bhagh Singh Buddail r/o H.No.508, Sector 11B, Chandigarh.

10.Ravinder Krishan Sudan @ Titu (P.O) s/o Kewal Krishan

State Vs. Sidhartha Vashisht etc. page no.2

r/o H.No.5546 Modern Complex Manimajra, Chandigarh Present address 17-15, Wood Side Avenue Newyork,

11373(USA)

& 4122, 75 Street Almherst Newyork (USA)

11.Dhanraj s/o Hugli (PO)

r/o village Mandhi Post Bhesai, Distt. Gopajganj, Bihar Present address

IV grade employees,

SK Inter College,

Garhi Chaukhandi, Distt. Gautam Budh Nagar, UP

12 Raja Chopra r/o E-29-Am Lajpat Nagar III, New Delhi

JUDGMENT

SC -105/2001 FIR NO.: 287/99 PS : Mehrauli

U/s. 302/201/212/120B/34IPC

27 Arms Act

&

filed

challan against the accused persons u/s.

Act

before the court of ld. MM. The Ld. MM

committed this case to the Sessions Judge

as the case was exclusively triable by the

302/201/212/120B/34 IPC & 27 Arms

The

prosecution

has

court of Sessions. The Ld. Sessions

Judge marked this case to the predecessor

of this court.

2. The

prosecution case are that on 29.4.99 at

the

brief

facts

of

State Vs. Sidhartha Vashisht etc. page no.3

Qutub Colonnade at ''Once upon a time''

restaurant also called Tamarind Cafe a

Thursday party was going on. At Thursday

party the liquor was being served by the

bartenders namely Jessica Lal and Shyan

Munshi. At about 2am Shyan Munshi was

present at Tamarind cafe situated at Qutub

Colonnade five six persons including one

waiter were also present there, one person

aged 30-32 years came out from the back

side of bar and asked for two drinks of

liquor.

The waiter did not serve him the

liquor

as

the

party was already over.

Jessica Lal and Malini Ramani, who, were

also present there also tried to make him

understand that party was over and that

there was no liquor available with them.

On this that person took out a pistol and

fired one shot at the roof and fired

another shot at Jessica Lal which hit

her near her left eye as a result of

which she fell down. Jessica Lal was

rushed to Ashlok hospital from where she

was shifted to Apollo hospital. On 30/4/99

in the early morning hours Jessica Lal was

declared dead at Apollo hospital.

3.

Charge u/s 302/201/120B IPC and

also u/s

27 Arms Act has been framed

State Vs. Sidhartha Vashisht etc. page no.4

against accused Siddharth Vashishth @

Mannu Sharma. Charge u/s 120B/201 IPC has

been framed against accused Vikas Yadav,

Amardeep Singh Gill @ Tony Gill and Alok

Khanna. Charge u/s 212 IPC has been

framed against the accused Harvinder

Chopra, Raja Chopra, Vikas Gill @ Ruby

Gill and Yograj Singh. Charge u/s 201/212

IPC has been framed against accused Shyam

Sunder Sharma. Charges were framed and

read over to the accused persons to which

all the accused persons pleaded not guilty

and claimed trial.

4. Prosecution has examined as many

as 101 witnesses in support of its case.

Two

witnesses have also been

Court

examined.

5.

PW1

Shri

Deepak Bhojwani has

deposed before the court that he attended

the party on 29/4/99. At about 11'O clock

in the night he had purchased four coupons

of Rs.100/- each for purchase of liquor.

On that day Jessica Lal (since deceased)

and Shyan Munshi were serving drinks.

Jessica Lal was wearing blue denim shorts

and white half sleeves shirt. Jessica was

a model by profession. On that day the usual bar counter was not being used due to summer and bar counter located outside

State Vs. Sidhartha Vashisht etc. page no.5

was

being

used.

The

party

was

attended

by

a

number

of

persons.

When

he

was

moving

around

in

the

party

he

came

into

contact

with

accused

Sidhartha

Vashisht

@

Mannu

Sharma,

who

requested

him

to

arrange

liquor

for

him

on

which

he

told

him

that

liquor

was

over

and

the

bar

was

closed.

Then

one

sikh

gentleman

came

from

behind

Sidhartha

him

Vashisht

and

something

@

Mannu

Sharma

took

him

away

and

told

towards

Tamarind

Cafe.

(Witness

has

correctly

identified

both

the

accused

persons

as

Sidhartha

Vashisht

 

@

Mannu

Sharma

and

Amardeep

Singh

Gill

@

Tony

Gill.)

He

has

further

deposed

that

accused

Tony

Gill

had

come

with

2/3

friends.

(witness

has

identified

accused

Alok

Khanna

another

accused)

All

of

them

went

to

Tamarind

cafe.

At

that

time

bar

counter

had

closed

and

the

waiters

were

in

the

process

of

removing

the

empty

bottles.

After

15-

20

minutes

he

heard

somebody

saying

that

Jessica

was

shot.

He

rushed

towards

Tamarind

cafe

and

saw

Jessica

lying

on

the

floor.

Jessica

was

carried

to

Ashlok

hospital.

car

and

1

He

also

hour.

followed

at

the

them

in

his

own

about

of

and

remained

half

hospital

for

Thereafter

parents

State Vs. Sidhartha Vashisht etc. page no.6

Jessica also reached Ashlok hospital and

police also came there and Jessica was

then shifted to Apollo hospital where she

was declared dead. From there he went back

to his house. Police showed him

photographs of accused Mannu Sharma and

accused Tony Gill, which he identified.

eye

witness. He has not supported the case of

prosecution fully. He has deposed before

the court that on 29/4/99 he had visited

Tamarind Cafe, it was Thursday night, he

was attending the party on that night.

Alcohol and food was being sold there on

coupons. He had met Jessica Lal on that

night in the party and the party was going

on at Qutub Colonnade Tamarind Court. The

liquor was being served in the outside

counter in the open space. Besides Jessica

Lal and Malini, there were other few

persons who were helping in serving liquor

but he was not serving the liquor to the

gathering. At about 2am there were about

6-7 persons inside the Cafe at that time.

There was a waiter behind the counter. He

went inside the cafe to eat something and

he found Jessica inside the cafe and no

other lady was there. He went behind the

6. PW2

Shyan

Munshi

is

an

State Vs. Sidhartha Vashisht etc. page no.7

counter to get something to eat and saw a

gentleman with white T-shirt who asked the

waiter to serve him two drinks. The waiter

did not pay attention to that gentleman

because he was busy in cleaning up.

Jessica was also there on the other side

of the counter and she told the gentleman

that the party was over and there was no

alcohol to be served. At that time, that

gentleman took out a pistol from the dub

of his pant and fired a shot in the air.

There was another gentleman on the other

side of the counter who fired a shot at

Jessica

Lal

and

she

fell

down.

That

gentleman

was wearing light coloured

clothes. This witness was declared hostile

He was cross examined by

ld.

examination he has deposed that the person

who was wearing white T-shirt and asked

for the drinks is not present amongst the

accused persons.

denied that

accused Sidhartha Vashisht @ Mannu Sharma

by the Spl.P.P.

Special

PP

and

in

his

cross

He

has

is the person who was wearing white T-

asked for drinks from

shirt and

Jessica Lal. He was much taller than the

accused Sidhartha Vashisht @ Mannu Sharma.

had

State Vs. Sidhartha Vashisht etc. page no.8

turned

hostile. He has deposed before the court

that he had been working at Qutub

On 29/4/99

he was present at the Qutub Colonnade in

connection with his duty. He was present

on the terrace of Qutub Colonnade and was

disconnecting the temporary lights after

the party was about to be over. At about

2am he had gone to Cafe on hearing noise

of bursting of two crackers like

(patakha). He saw Beena Ramani going ahead

of him and he followed her inside the cafe

and saw Jessica Lal lying on the floor in

injured condition. He had not seen anyone

firing a shot at Jessica Lal.

Colonnade as an electrician.

eye

witness,

but

he

has

also

8. PW4 Shri Karan Rajput is also an

eye witness and has not supported the case

of prosecution. He has not identified the

accused as the person who committed the

murder. He has deposed before the court

that on 29 th April 99 he was not in Delhi

and had not gone to Qutub Colonnade to

meet his nephew Jitender Raj, an employee

of Beena Ramani at Qutub Colonnade. He has

also denied that he had seen Jessica Lal

being hit by a bullet.

State Vs. Sidhartha Vashisht etc. page no.9

has

deposed that on the date of incident he

was present at the party and had gone

Tony

seen Jessica Lal there on

Gill. He had

there

9. PW5

Shri Parikshat Sagar

with Amardeep

Singh

Gill

@

that night. She was serving drinks and he

did not meet any of the accused persons on

remained

there. This witness was declared hostile

and was cross examined by ld. Special PP.

that

night

till

the

time

he

10.

PW6

Ms.

Malini

Ramani has

deposed

before the

court

that

on

29 th

April, 1999 there

was

party

at

Qutub

Colonnade. It was

farewell party for her stepfather namely

Mr. Mailhot who was going abroad for five

months. She was at the Qutub Colonnade and

Jessica Lal, her mother, Shyan Munshi were

also present there. At about 1.45am she

went with her friend Sanjay Mehtani to the

restaurant to look for something to eat,

She found Jessica in the restaurant and

Shyan Munshi, her electrician and couple

a

Thursday.

It

was

of waiters were also there. She went

behind food counter with Sanjay Mehtani

and Jessica was also there and was looking

for something to eat and to drink inside

the Tamarind cafe but they did not find

State Vs. Sidhartha Vashisht etc. page no.10

anything either to eat or to drink. When

they were standing there accused persons

came and one of them asked her to have two

drinks who was wearing jean and white T-

shirt and was in his mid twenties having

fair complexion

inability as the bar was closed. Then he

kept on asking her and Jessica for drinks

drink. That person

was told that he could not be given a sip

but he was not served

on which she showed her

of whisky even for a thousand rupees to

which he replied that he can even have a

On this she became irritated

and left the place with her friend Sanjay

Mehtani. When she was going outside she

met her mother and when she was standing

on the other side of the courtyard after

about a minute Shyan Munshi came running

to her and told her about the gun shot

injury received by Jessica. On hearing

this she became unconscious. (witness has

correctly identified the person who had

asked for drinks as accused Sidhartha

Vashisht @ Mannu Sharma).

11. PW7 Shri Naveen Chopra is the

owner of gun shop from where accused

Sidharth Vashisht @ Mannu Sharma had

sip of her.

State Vs. Sidhartha Vashisht etc. page no.11

against license.

12. PW8

formal witness.

Sardar Gurnam Singh

is

a

13.

PW9 is Dr. R.K.Sharma who has

conducted

post

mortem

on

the body

of

deceased Jessica. As per PW9 the cause of

arm

injury which was ante mortem in nature.

The report prepared by Pw9 is Ex.PW9/B.

He has further deposed that injuries no.3

to 6 are consequential injuries to injury

no.3 and

injury no.3 was sufficient to

death

was

head injury due

to

fire

cause

death, in the ordinary course of

nature.

14.

PW10 Dr. Jasvinder Singh is the

Doctor posted at Ashlok hospital who has

taken injured

Jessica Lal

to

Apollo

hospital

on

the

asking

of

Dr.

Ashok

Chopra, owner of Ashlok hospital as there

was no arrangement for neuro surgery in

Aaslok hospital.

15.

PW11

ASI

Veer Singh

is

a

formal witness.

 

16.

PW 12

HC

Santosh is

a

formal

witness.

17.

PW13

ASI

Kartar Singh

is

a

formal witness.

State Vs. Sidhartha Vashisht etc. page no.12

formal witness.

19. PW15 Sumitabh Bhatnagar was the

Manager in Hindustan Coca Cola Breweries

Limited. He has identified accused

and Alok

Amardeep Singh Gill @ Tony Gill

Khanna as both were employees of Hindustan

Coca Cola Breweries Limited.

20. PW16 Shri Raj Narain Singh is a

formal witness.

21.

PW17 Sh. Mohd. Zafar is a formal

witness.

22.

PW18 Manvir Singh is a formal

witness.

23.

PW19 Shri

Andleep Sehgal has

deposed that he had attended the Thursday

party on 29 th

wife. He has further deposed that he

knows accused Amardeep Singh Gill @ Tony

Gill, Sidhartha Vashisht @ Mannu Sharma

and Mr. and Mrs. Aman Gill, Parikshat

Sagar. He also found Mr. and Mrs. Aman

Gill, Pariksat Sagar at the party but he

had not met accused Sidhartha Vashisht @

Mannu Sharma and Amardeep Singh Gill @

Tony Gill on that day in the party.

24. PW 20 Smt. Bina Ramani is the

owner of Qutub Colonnade. She has deposed

that on 29 th April 1999 the Thursday party

April, 1999 along with his

State Vs. Sidhartha Vashisht etc. page no.13

was held as a special party organized for farewell for her husband who was leaving for a world trip. She has deposed that she

knew

Jessica

Lal,

Shyan

Munshi

being

the

friends

of

her

daughter

Malini

Ramani.

On

the

night

of

29 th

April

1999

a

Thursday

party

was

going

on.

At

about

1

or

1.30am

after

the

party

was

over

she

walked

towards

restaurant

and

met

Malini

her

daughter.

She

went

into

the

restaurant

and

saw

a

few

people

standing

next

to

the

counter

and

she

heard

a

shot.

A

moment

later,

she

heard

another

shot.

She

saw

Jessica

who

was

standing

with

people

at

far

end

falling

down.

Then

Shyan

Munshi

came

with

another

person.

Shyan

Munshi

told

her

that

Jessica

had

been

shot.

The

companion

of

Shyan

was

wearing

white

T-

shirt.

She

asked

him

to

give

his

gun.

She

then

met

her

husband

and

told

him

that

this

was

the

man

who

had

shot

Jessica

Lal

and

to

see

in

what

car

he

gets

into.

She

has

also

identified

the

accused

Sidhartha

Vashisht

@

Mannu

Sharma

in

the

court.

She

has

also

identified

accused

Amardeep

Singh

Gill

@

Tony

Gill,

Alok

Khanna

and

Vikas

Yadav

to

be

present

with

accused

Sidhartha

Vashist

@

Mannu

Sharma

State Vs. Sidhartha Vashisht etc. page no.14

She has further deposed

that Jessica was then removed to Ashlok

in the party.

to Apollo

hospital where she expired.

25. PW21

Madan

draftsman who has prepared scale site plan

the

Hospital and from there

ASI

Pal

is

Ex.PW21/A.

26.

PW

22

ASI Ishwar Chand

is

a

formal witness.

27. PW23 Shri Rouble Dunglay is a

formal witness.

28. PW24

husband of

deposed that the

the

Ms. Beena Ramani. He has

party on 29 th April 1999

George

Mailhot

is

was organized as farewell party for

him

as he was going for a world trip.

The

entire party was organised outside in the

courtyard and in the private terrace. He

has also handed over the list of invited

guests at the party which is Ex.PW24/A.

At the time of occurrence he was standing

in the courtyard near a large tree

 

about

20

feet

away

from

the

door

of

the

restaurant.

He heard two pop shots like

balloon

and within

a

few second

Shyan

Munshi

came

running and

told him

that

someone had fired a shot at Jessica.

He

went to the restaurant

and saw Ms. Bina

State Vs. Sidhartha Vashisht etc. page no.15

following a person and saying that ''you

He then

saw Jessica lying on the floor. He

one another man standing at the door a

Sardarji and then he went to the gate of

Qutub Colonnade in search of a police man

and saw bunch of people coming rapidly.

He

following earlier. The witness has later

on identified that person to be accused

He

followed Sidhartha Vashisht @ Mannu Sharma

on foot and then he disappeared. He went

to police station and informed policeman

about the incident.

He then came back to

Sidhartha Vashisht @ Mannu Sharma.

one whom Bina was

saw

are the one give me the gun''.

also

saw

the

the spot and went first to Ashlok hospital

and then to Apollo hospital where Jessica

died.

29.

PW25 Manoj

Kumar

is

a

formal

witness.

30.

PW26 Balbir Singh is a formal

witness.

31.

PW 27 Pratap Malik is a formal

witness.

32.

PW28 Ramesh Chander is a formal

witness.

33.

PW29 Ms. Sahana Mukherjee

is a

formal witness.

State Vs. Sidhartha Vashisht etc. page no.16

34.

PW30

Ct.

Sharvan

Kumar

is

a

formal witness.

 

36.

PW31

Shri

Narain is

a formal

witness.

37.

PW32 Shri Ved Prakash Madan

is

a formal witness.

37.

PW33 Shri PV Mathew is a formal

witness.

38.

PW34 Shri Tarsem Lal Thappar is

a formal witness.

39.

PW35 Shri Birbal is

a formal

witness.

40.

PW36 Shri Ram Lal Jagdev

is a

formal witness.

41.

PW37

Shri

Martin Raj

is

a

formal witness.

 

42.

PW

38

Shri

A.

Hassan

is

a

formal witness.

43.

PW39 Manasvi Mittal is a formal

witness.

44.

PW40 Ayub Khan

is a formal

witness.

45.

PW41

Dr.

Alok Chopra

is

the

Managing Director of the Aashlok hospital.

He is a formal witness.

State Vs. Sidhartha Vashisht etc. page no.17

witness.

47.

PW 43 Shri CN Kumar

is a formal

witness.

48.

PW 44 Shri Shankar Mukhia is a

formal witness.

49.

PW45 Sanjay Garg

is a formal

witness.

50.

PW46 Madan Kumar is the waiter

at

Qutub

Colonnade restaurant. He

has

deposed that the occurrence took place at

1.30 or 1.45am, At that time he saw some

people rushing in and some people rushing

out of the restaurant and they were

shouting ''Jessica lal ko goli lag gai''.

He went to restaurant and saw Jessica

Lal,

were also

present there.

were also present there Beena Ramani made

Two-three other workers

Beena Ramani, Jitender

lying

on

the

floor. Some guests,

Raj

a telephone call and Shiv Dass, brought a

sheet of cloth. Jatinder Raj, Beena Ramani

and he wrapped the Jessica Lal in the

bedsheet and took her in an Esteem car,

Beena Ramani, Jatinder Raj and he also sat

down in the car and reached Aashlok

hospital.

State Vs. Sidhartha Vashisht etc. page no.18

51.

PW47 Jatinder Raj

is a formal

witness.

52.

PW48 Shanti Swaroop Singhal is

a formal witness.

53. PW49 Insp. Mahinder Singh Rathi

is a formal witness.

54. PW50 Harpal Singh, Principal SK

Inter College Gautam Budh Nagar, Noida is

a formal witness.

55.

PW51 Rajiv Talwar

is a formal

witness.

56.

PW52

Chander

Parkash Chabra is a formal witness.

57. PW53 Abhijeet Ghosal

formal witness.

is

a

58.

PW54 Varun Shah

is

a formal

witness.

59.

PW55 Mukesh Saini

is a formal

witness.

60.

PW56

Chetan Nanda is a formal

witness.

61.

PW57 Ashok Dutt

is

a formal

witness.

62.

PW58

S. Jaswinder Singh

is a

formal witness.

63. PW59 Inderjeet Bakshi

formal witness.

is

a

State Vs. Sidhartha Vashisht etc. page no.19

64.

PW60 Baldev Singh

is a formal

witness.

65.

PW61 Ishdeep Sharma is a formal

witness.

66.

PW62 Ali Mohammad

is a formal

witness.

67.

PW63 Ram Avtar is a photographer

who has taken photographs of the dead body

as well as the place of occurrence. The

photographs of the dead body is Ex.PW63/1

and photographs of place of occurrence are

Ex.PW63/3 and PW63/4. The photographs of

entry and exit of bullet hole of the

ceiling of the restaurant are Ex.PW63/5

and PW63/6.

68. PW64 Ravinder Singh Gill

formal witness.

69. PW65

formal witness.

Kulvinder Singh

is a

is

a

70. PW66 Major A.R Satish (retired)

is a formal witness.

71.

PW67 Niranjan Ram

is a formal

witness.

72.

PW68

Sh.

Mangal Singh

is

a

formal witness.

State Vs. Sidhartha Vashisht etc. page no.20

73. PW69 Sh. Rakesh Kumar Atri is a

formal witness.

has deposed

that he is a Fashion Designer by

profession. He knew Beena Ramani, who was

running a complex called Qutab Colonade,

in which there is a restaurant known as

also knew

daughters of Ms. Beena Ramani, Malini and

Geetu.

the year 1999, at Qutab Collonade, there

used to be special parties on Thursday.

He attended two of them.

visit to the party, when Jessica Lal was

shot dead.

and 30 th April, 1999, he reached in the

It was his third

Tamarind Court Cafe.

74. PW70 Sh. Rohit Bal

He

He has further deposed that in

It was the night between 29 th

party on the date of occurrence at about

within about 7,8 or 9 minutes

saw

Malini running into the courtyard from the

of

1.14 a.m.

his

arrival

there,

suddenly he

indoor section to the outdoor section and

she was shouting that Jessica Lal has been

He knew Jessica Lal very well

He saw that soon

before the incident.

shot.

after Malini, Beena Ramani came from the

inner section

Beena

Ramani was running in the courtyard area

of the restaurant.

State Vs. Sidhartha Vashisht etc. page no.21

shouting ''catch that man, catch that man,

stop him'' or something like that pointing

towards the Exit. He rushed inside to

the place from where Malini and Beena

Ramani had come out running. He saw

Jessica Lal lying on the floor. He rang

from his mobile at No.100. His mobile No.

was 9811020955. Then he called his

personal doctor, Dr. Alok Chopra. Dr.

Alok Chopra advised to send the injured to

the hospital immediately. Then they went

to Ashlok Hospital. From Ashlok hospital,

they were sent to Apollo hospital.

75.

PW71 Sh. Harminder Singh

is a

formal witness.

 

76.

PW72 Lal Singh

is

a

formal

witness.

77.

PW73 Ms.

Sabrina Lal

 

is

a

formal witness.

 

78.

PW74

Ct.

Satish Kumar

 

is

a

formal witness.

79.

PW75 Shri Chander Sen Isar

is a

formal witness.

 

80.

PW76

SI

Vijay

Kumar

has

conducted part investigation of the case.

81.

PW77 Gajender Singh is a formal

witness.

State Vs. Sidhartha Vashisht etc. page no.22

82. PW78 Sub Inspector Sarad Kumar

Bisnoi is a formal witness.

Kumar

Gupta MM has conducted Test Identification

parade of accused Amar Deep Singh Gill @

Tony Gill and Alok Khanna and has proved

the proceedings Ex.PW79/B and Ex.PW79/C

respectively.

proceedings in respect of accused

Sidhartha Vashisht @

83. PW

79

Shri Rajneesh

He

has

also proved TIP

Mannu Sharma as

Ex.PW79/G.

84.

PW80

ASI

Nirbhay Singh

is

a

formal witness.

 

85.

PW81 Insp.

S.S.

Gill

is

a

formal witness.

86.

PW82 SI K.P.Malik

is a formal

witness.

87.

PW83 HC Devi Singh

is a formal

witness.

88.

PW84

HC

Mukesh Singh

is

a

formal witness.

89.

PW85 SI Pankaj Malik is a formal

witness.

90.

PW86 Jagan Nath Jha

is a formal

witness.

91.

PW87 Insp.

Raman Lamba

is

a

formal witness.

State Vs. Sidhartha Vashisht etc. page no.23

92. PW88 Shri O.S. Srivastava Senior

Scientific Officer is a formal witness.

93. PW89 Dr. G.D. Gupta Principal

Scientific Officer (Biology) is a formal

witness.

94.

PW90

Sh.

C.K.Jain Senior

Scientific Officer is a formal witness.

95.

PW91

SI

B.D.Dubey is a formal

witness.

96.

PW92 Inspector Durga Parshad is

a formal witness.

97.

PW93 HC Prabhakaran is a formal

witness.

98.

PW94 SI Brijender Singh

is a

formal witness.

99. PW95 Prem Sagar Manocha, Deputy

Director State Forensic Science Laboratory

is a formal witness.

is a

formal witness.

a

101. PW97

formal witness.

100. PW96 HC Chajju Ram MHCM

HC Kishan Chander

is

102.

PW98 Babu Lal is a formal

witness.

102.

PW99

is Dr. Deepak Vats, who

has brought

patient Jessica Lal at Apollo hospital.

the

file

regarding

the

State Vs. Sidhartha Vashisht etc. page no.24

The file Ex.PW99/1

was brought to hospital on 30 th April. She

was attended by Dr. Pankaj Arora. He has

proved the records of hospital. The dead

shows that Jessica

body of Jessica was handed over to police

station Mehrauli.

SI Sunil Kumar. He

has deposed that on receipt of DD no.41 A

he proceeded to the spot. When he reached

at the spot SI Sharad Kumar and Ct. Meenu

Mathew also reached there and they found

a black Tata Safari parked at the left

103. PW 100 is

side

gate.

He

has

corroborated

the

testimony of PW78 SI Sharad Kumar.

He

recorded the statement of Shyan Munshi at

Ashlok hospital and sent the rukka to the

police station for registration of the

inspection he found two empty

cartridge cases

possession.

inquest

case.

into

On

which

prepared

he

took

He

the

papers. He handed over the dead body of

Jessica to her sister. He then came back

to the spot and was informed by SHO that

the

Black

colour

Tata

Safari has

been

lifted from the

spot and

the

same

is

registered in the name of Picadilly Agro

Industries and accused Sidhartha Vashisht

State Vs. Sidhartha Vashisht etc. page no.25

@

Mannu

Sharma

is

the

Director

of

the

said

company.

He

seized

the

guest

list

Ex.PW24/A,

collected

post

mortem

report.

In

his

presence

the

SHO

arrested

accused

Tony

Gill

and

Alok

Khanna.

Tata

Sierra

of

accused

Alok

Khanna

was

also

seized

by

the

SHO

vide

memo

Ex.PW100/11.

Accused

Amardeep

Singh

Gill@

Tony

Gill

and

accused

Alok

Khanna

were

taken

for

Test

Identification

Parade

before

the

MM.

But

both

the

accused

persons

refused

to

participate

in

the

TIP.

Accused

Amit

Jhingan

was

also

arrested.

 

Accused

Sidhartha

Vashisht

@

Mannu

Sharma

also

refused

to

participate

in

the

TIP

and

led

the

police

party

to

places

where

he

had

stayed

after

the

occurrence.

The

audio

tape

along

with

the

transcript

was

handed

over

to

the

SHO

by

SI

Bijender.

The

cassette

was

heard

by

the

SHO

and

compared

the

same

with

the

transcript

and

then

seized

and

sealed

the

same

in

his

presence.

Accused

Shyam

Sunder

Sharma

was

also

arrested.

SHO

interrogated

the

accused

Vikas

Gill

and

Harvinder

Chopra

and

recorded

their

disclosure

statements.

SHO

also

handed

over

accused

Sidhartha

Vashisht

@

Mannu

Sharma

and

accused

Vikas

State Vs. Sidhartha Vashisht etc. page no.26

Gill for getting a petrol pump pointed out

by them. Accused persons pointed out a

petrol pump in the name and style of Amish

Enterprises and told that they had got

diesel filled up in a Ford car. He also

seized the photographs of accused Alok

Khanna and Tony Gill. Accused Yograj was

also arrested and his contessa car which

was used by accused Sidhartha Vashisht @

Mannu Sharma during his period of escape

was also seized. He also went to NCRB to

find out as to whether any report of loss

or theft in respect of .22bore pistol

no.B-56943 U was lodged anywhere in India

as the said weapon was used in the

commission of offence, computerized reply

received by him is Ex.PW43/B.

Insp. Surender Kumar

Sharma is a formal witness.

104. Prosecution has also examined

two court witnesses.

105. CW1 is Dr. Rawel Singh, who has

prepared the transcription and translation

of an audio tape given to him by the

prosecution.

is

Muharrar Record Keeper and has brought the

103. PW101

106. CW2

is

HC

Ram Dayal

who

State Vs. Sidhartha Vashisht etc. page no.27

original FIR register from PS Mehrauli

containing FIR No.288/99. After examining

101 Pws and two court witnesses CW1 and

CW2 the special PP closed the prosecution

evidence.

107.

Statements

of

all

the

accused

persons were recorded u/s 313 Cr.PC. All the allegations of the prosecution were put to the accused persons but they have denied all the allegations of the

prosecution and have stated that they are innocent and have been falsely implicated in this case. Accused Alok Khanna has examined one defence witness in his support. DW1 RK Khanna is the father of accused Alok Khanna. He has deposed that police has taken photographs of his son Alok Khanna and Amarjeet Singh Gill from him and also took his son to police

where Amardeep Singh Gill was

also present. His son and Amardeep Singh Gill were then taken to Patiala House Court and from there they were sent to Tihar Jail.

108. Arguments heard.

station

109. Ld. Special PP for the state has

submitted that the accused Sidhartha Vashisht @ Mannu Sharma was the owner of a licensed pistol bearing number 5B-6943-U- make P Berreta of .22bore. The license of the said pistol was issued to the accused which is Ex.PW7/B and the accused has also admitted in his statement u/s 313 Cr.PC

State Vs. Sidhartha Vashisht etc. page no.28

that the license for pistol was issued to him. He has further submitted that PW14 Surender Singh has also proved on record that he is the owner of Haryana Gun House and he had sold the said pistol to accused Sidhartha Vashisht. PW7 Naveen Chopra has proved on record that he had sold 25 rounds of .22bore to accused Sidhartha Vashisht on 4/2/99. Ld. Special PP has further submitted that the pistol which was used in the commission of crime has not been recovered from the accused. The accused has taken a plea that his pistol has been lost but the accused has not lodged any report regarding loss of the pistol either to the police or to National Crime Bureau so this circumstance goes against the accused Sidhartha Vashisht @ Mannu Sharma.

Ld. Special PP has further

submitted that the prosecution has proved

that the vehicle Tata Safari no.CH-01-W-

6535 which was used by the accused persons

for

of

occurrence was registered in the name of

India

M/s

Limited, Sector 34, Chandigarh and accused

Sidhartha Vashisht @ Mannu Sharma was one

Agro

Industries India Limited in the year 1999 which is proved by PW25 Manoj Kumar and

PW26

submitted that the other vehicle which was

further

going

to

the

spot

at

the

time

Picadilly

Agro

Industries

of

the

Director

in

Picadilly

Balbir

Singh.

He

has

State Vs. Sidhartha Vashisht etc. page no.29

used by the accused persons during the

crime was Tata Sierra bearing number HR-

26-H-4348 was alloted to Amardeep Singh

Gill @ Tony Gill accused by the Coca cola

company while another vehicle Tata Sierra

was alloted to Alok Khanna by the Cocacola

company in which both the accused persons

were working at the relevant time in the

year 1999. He has further submitted that

at the relevant time accused Amardeep

Singh Gill @ Tony Gill was having mobile

phone number 9811100237 while accused Alok

Khanna was having mobile phone number

9811068169. These mobile phones were

provided by their employers i.e. Hindustan

Cocacola Company to them at the relevant

time. He has further submitted that

telephone number 3782072 was installed at

BR Mehta lane where Sh. D.P. Yadav, who is

father of accused Vikas Yadav was

residing. Accused Vikas Yadav also used

to reside along with his father in the

year 1999 and he made telephone calls from

this telephone number which was alloted to

his father before and after the commission

of crime.

110.

Ld.

Special

PP

has

further

submitted that the Tata Safari no.CH-01-W-

State Vs. Sidhartha Vashisht etc. page no.30

6535 which was registered in the name of

M/s Picadilly Agro Industries India

limited which is a sugar mill in Karnal

and which was being used by accused

Sidhartha Vashisht, Shyam Sunder Sharma

and Harvinder Chopra all accused persons

in this case who were Directors of the

company at the relevant time. These

accused persons have also seen using the

telephones of the Sugar Mill installed in

the mill bearing telephone number

47651,52,53 which were installed at

Karnal at the time of occurrence. He has

further submitted that vehicle number DL-

3C-J-5241 was also used by the accused

persons for hiding the accused Sidhartha

Vashisht & Others who have committed the

murder in this case. This vehicle was

white Mahindra Ford vehicle and it has

been registered in the name of RHS Chopra

i.e. Raja Chopra accused.

111. It is further submitted by ld.

Special PP that the place where incident

took place is called Tamarind court cafe

which was also called by the name “Once

Upon a Time” Restaurant as the owner Beena

Ramani was running this restaurant and she

had applied for license for the same to

State Vs. Sidhartha Vashisht etc. page no.31

the Authorities.

further submitted that on Thursday private

party used to be arranged in this Tamarind

court cafe.

i.e. On 29/4/99 a Thursday party was

said Restaurant where

liquor was being served by the deceased

Munshi who were

Jessica

going

On the date of occurrence

Ld.

Special PP has

on

at

the

Lal

and Shyan

working as bartenders.

112. On the fateful day i.e. on the

date of occurrence i.e. on 29/4/99

Blue

denim short and half sleeves white shirt

as deposed by PW29 Shahana Mukherjee. On

the date of occurrence the accused

Sidhartha Vashisht @ Mannu Sharma along

with other co-accused persons Amardeep

and

Yadav came to the Tamarind Court

cafe. Accused Sidhartha Vashist @ Mannu

Vikas

Singh Gill @ Tony Gill, Alok Khanna

deceased Jessica Lal was wearing

Sharma asked for two pegs of whisky from

the waiter present in the Tamarind court

that the

whisky was not available as the party was

Sidhartha

Vashisht @ Mannu Sharma asked for liquor

from Jessica Lal who was a bartender in

that party on that day but she also told

over.

cafe

but

the waiter told

Thereafter

him

accused

State Vs. Sidhartha Vashisht etc. page no.32

him that the party was over and no liquor

was available with them. Thereafter PW20

Beena Ramani who was also present there

and PW6 Malini Ramani who were present at

the spot heard two shots fired by someone.

One shot was fired in the air and the

other shot was fired at Jessica Lal which

hit Jessica Lal near her left eye as a

result of which she fell down. Shyan

Munshi PW2 came running to PW6 Malini

Ramani and told her that Jessica Lal had

been shot at by someone. She asked him to

make a call to police. She also told the

person present there to remove Jessica Lal

to the hospital. Police was informed on

100 number regarding this incident and the

police after sometime came to the spot but

by that time the injured Jessica Lal had

already been removed to the hospital.

First of all the injured Jessica Lal was

taken to Ashlok hospital from there she

was shifted to Apollo hospital where she

was declared brought dead at 4.37am as

per the statement of PW99 Deepak Vats. As

per the MLC Ex.PW99/6 of Jessica Lal from

Apollo hospital she was shifted to AIIMS

hospital as deposed by PW99 Deepak Vats.

Post mortem examination was conducted on

State Vs. Sidhartha Vashisht etc. page no.33

the body of Jessica Lal at AIIMS hospital

by Dr. R.K.Sharma PW9.

PW9 is Dr. R.K.Sharma who has

of

deceased Jessica Lal. As per PW9 the cause

of death was head injury due to fire arm

injury which was ante mortem in nature.

The PM report prepared by PW9 is Ex.PW9/B.

He has further deposed that injuries no.3

conducted

post

mortem

on

the body

to 6 are consequential injuries to injury

no.3

and injury no.3 was sufficient

to

cause

death, in the ordinary course of

nature.

111.

It is further proved on record

by the prosecution that Jessica Lal was

fired upon from a pistol by a person

wearing T shirt at Tamarind Court Cafe. It

has also been proved on record that she

died on account of fire arm injury

received on her head.

113. It is further submitted by ld.

Special PP that all the three eye

witnesses including PW2 Shyan Munshi have

categorically stated that they did not see

accused Sidhartha Vashisht @ Mannu Sharma

Similarly PW1

firing at Jessica Lal.

Deepak Bhojwani has also stated that he

did not see accused Sidhartha Vashisht @

State Vs. Sidhartha Vashisht etc. page no.34

Mannu Sharma firing a shot at Jessica Lal.

PW6 Malini Ramani and PW20-Beena Ramani

have also stated that they did not see

accused Sidhartha Vashisht @ Mannu Sharma

firing a shot at Jessica Lal.

114. Special PP has further submitted

that the presence of Alok Khanna, Amardeep

Singh Gill @ Tony Gill and Vikas Yadav at

the spot has been proved on record by the

prosecution witnesses examined in this

case. PW2 Shyan Munshi has been declared

hostile as he did not identify accused

Sidhartha Vasishst @ Mannu Sharma to be

the person who fired a shot at Jessica

Lal. PW3 and PW4 have also turned hostile

and have not identified accused Sidhartha

Vashisht @ Mannu Sharma as the person who

fired a shot at Jessica Lal.

115. PW1 Deepak Bhojwani has also

stated that he had not seen accused

Sidhartha Vashisht @ Mannu Sharma firing a

shot at Jessica Lal but he confirmed the

presence of accused persons namely

Sidhartha Vashisht, Amardeep Singh Gill @

Tony Gill, Alok Khanna and Vikas Yadav at

the spot at the time of occurrence.

116. He has further submitted that it

has been proved on record beyond

State Vs. Sidhartha Vashisht etc. page no.35

the date of

occurrence a Thursday party was going on

at

proved on

Sidhartha Vashisht, Amardeep Singh Gill @

Gill, Alok Khanna and Vikas Yadav

came to attend the party at Tamarind court

Tony

persons

reasonable

that

doubt

on

Tamarind court cafe. It has also been

record that accused

cafe. It has also been proved on record

that Jessica Lal was serving the liquor at

the party along with Shyan Munshi and they

were

working as bartenders.

 

117.

It

has

also

been

proved on

record that Jessica Lal was shot at by

a

pistol which resulted into her death. He

has further stated that PW20 Beena Ramani

has stated that Shyan Munshi came running

to her who told her that Jessica Lal had

been shot at by someone and

she stopped

someone

at

Tamarind

court

cafe from

one person namely Sidhartha Vashisht @

was coming along with

Shyan Munshi and told him to give her the

gun

gun with him and he had fired a shot at

Jessica Lal. This was the feeling of Pw

Ramani and she felt that accused

Beena

Mannu Sharma who

as she thought that he was carrying a

Sidhartha Vashisht @ Mannu Sharma must

have fired a shot at Jessica Lal so the

State Vs. Sidhartha Vashisht etc. page no.36

evidence

into

immediately

accused

of

this

account

after

Sidhartha

witness

as

she

the

Vashisht

has

to

be

it

taken

reacted

the

Sharma

had

so

murder

@

is

Mannu

and

none

else

who

has

fired

a

shot

at

Jessica

Lal

on

the

date

of

occurrence.

She

has

also

deposed

before

the

court

that

other

accused

persons

along

with

the

accused

Sidhartha

Vashisht

@

Mannu

Sharma

were

Amardeep

Singh

Gill

@

Tony

Gill,

Alok

Khanna

and

Vikas

Yadav

who

attended

the

party

along

with

accused

Sidhartha

Vashisht

@

Mannu

Sharma.

The

Special

PP

has

further

submitted

that

it

is

the

accused

Sidhartha

Vashisht

@

Mannu

Sharma

who

killed

Jessica

Lal

by

firing

a

shot

from

his

pistol

and

that

he

is

liable

to

be

convicted

for

committing

the

murder

of

Jessica

Lal.

The

ld.

Special

PP

has

further

submitted

that

these

witnesses

are

independent

witnesses

and

they

have

got

no

enmity

with

the

accused

persons.

He

has

further

submitted

that

PW24

George

Mailhott

has

also

deposed

that

Shyan

Munshi

had

told

him

that

Jessica

Lal

has

been

shot

at

by

someone.

The

first

person

who

came

out

of