IN THE COURT OF SH. BHARAT PARASHAR, ASJ-01, DISTRICT, PATIALA HOUSE COURTS, NEW DELHI

Case ID No. 02403R0021422009

Date of filing of charge sheet : 23.10.2001 Date of framing of charge : 17.09.2002 and 01.02.2005 (against accused Sharwan only) Date of final arguments : 29.05.2014 Date of judgment : 08.08.2014

SC No. 08/12 FIR No. 253/01 PS Parliament Street U/s 193/201/302/307/419/468/471/120B/34 IPC & Section 25/25(1B)/27/29 Arms Act

In re:

STATE

Vs.

1. Sher Singh @ Sheru @ Pankaj (Convicted) S/o Surender Singh R/o 57, East Raj Putana, B. T. Ganj, Roorkee, , Uttranchal

2. Shekhar Singh (Acquitted) S/o Raj Pal Singh R/o 18/2 East, Raj Putana, Roorkee, Distt. Haridwar, Uttranchal

State v. Sher Singh Rana & Ors. Page 1 of 217 3. Raj Bir Singh (Acquitted) S/o Jagat Singh R/o Bijo Pur, PS Laskar, Distt. Haridwar, Uttranchal

4. Rajender Singh @ Ravinder Singh (Acquitted) S/o Mahender Singh R/o Vill. Budhiana, PS Khurja, Distt. Bulandshahar, U.P.

5. Dhan Parkash @ Vicky @ Dheeraj (Acquitted) S/o Dharam Pal R/o Village Bhalaswa Gaaj PS Jabhreda, Distt. Haridwar Uttranchal

6. Vijay Singh Rana @ Raju (Acquitted) S/o Surender Singh R/o 57, East Raj Putana, B. T. Ganj, Roorkee Distt. Haridwar, Uttranchal

7. Surender Singh Negi @ Suri (Acquitted) S/o Gan Pat Singh R/o Gokul Patti Aswal Sayun Distt. Pauri Garhwal Uttranchal

8. Parveen Mittal (Acquitted) S/o S. K. Mittal R/o 77 East Amber Talab Roorkee, Distt. Haridwar Uttranchal

9. Amit Rathi (Acquitted) S/o Subhash Chand R/o Village Libbar Heri, PS Mangalore, Distt. Haridwar, Uttranchal

State v. Sher Singh Rana & Ors. Page 2 of 217

10. Sharwan Kumar (Acquitted) S/o Chander Bhushan R/o Vill. Niwari, PS Makdoom Pur, Distt. Jahanabad, Bihar

11. Keshav Chauhan (Acquitted) S/o Hari Charan Chauhan R/o Village Bigahi, PO Doman Pur PS Chauri, Distt. Sant Ravi Dass Nagar UP

12. Pardeep Singh (since expired) S/o Motwar Singh R/o Dunk Patti Aswal Sayun Distt. Pauri Garhwal Uttranchal

APPEARANCES

Present : Sh. S.K. Saxena, Ld. Special PP for the State alongwith Ms. Manisha Sharma, Advocate. Sh. Mukesh Kalia, Ld. Counsel for accused Sher Singh Rana, Rajbir Singh, Keshav Chauhan and Vijay Singh Rana. Sh. Rakesh Vats, Ld. Counsel for accused Shekhar Singh, Parveen Mittal, Amit Rathi and Sharwan Kumar. Ms. Sumita Kapil, Amicus Curiae for accused Rajender Singh. Sh. B.K. Kulshreshtha, Ld. Counsel for accused Dhan Parkash and Surender Singh Negi

State v. Sher Singh Rana & Ors. Page 3 of 217 JUDGMENT

1. Briefly stated the case of prosecution as unfolded by the report u/s 173 Cr.P.C. is as under:

2. On 25.07.01 at about 1.30 PM the then Member of Parliament Smt. was shot dead just outside the main gate of her house i.e. 44 Ashoka Road by two assailants. Her PSO PW-73 Ct. Balender was also shot at but fortunately he survived the bullet injuries.

3. Ct. Balender however showed courage and retaliated by firing from his service revolver towards the assailants who in the meantime had fled away from the spot in a waiting green colour Maruti Car No. CIM-907. One of the bullet even hit the rear glass of the Maruti Car. The assailants also returned fire from the Car and in the process also managed to flee away.

4. The sister of Smt. Smt. Phoolan Devi namely PW-104 Munni Devi, personal staff of Smt. Phoolan Devi and PW-17 Uma Kashyap a visitor to the house of Smt. Phoolan Devi on that day helped in removing both Smt. Phoolan Devi and her PSO Ct. Balender to RML hospital after getting a passing by maruti van belonging to PW-164 Rajneesh Sharma stopped. In the meantime various messages about the shoot out were received at police control room which initially stated that some shoot out incident has taken place at Ashoka Road or that some lady has been shot.

State v. Sher Singh Rana & Or