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Head Note

Indian Penal Code,1860  - Section 302 , Section 307 , Section 201 , Section 34

Conviction and sentence - Delhi Police Act - Section 140 - Complaint alleged that the police officials surrounding a blue colour Esteem car had fired indiscriminately and without cause, at the occupants killing the two and causing grievous injuries to the third - The CBI, on investigation concluded that the police party headed by ACP and Inspector had fired on the Maruti Esteem car without provocation and that FIR registered on the complaint of Inspector was intended to act as a cover-up for the incident and to justify the police action - The trial court and the High Court opined on the basis of the overall assessment that the defence version was a concoction and that the prosecution story that it was the unprovoked firing by the appellants which had led to the death of 2 and grievous gun shot injuries to the third, had been proved on record - Evidence on record revealed that the defence story projected was a palpably false one and the police officials involved having realized almost immediately after the incident that they had made a horrific mistake, immediately set about creating a false defence - Supreme Court - It was pursuant to the common intention of all the accused that the incident had happened - Held no interference in the judgments of the trial Court as well as the High Court - Appeals dismissed.

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