JESSICA LAL MURDER CASE - (Case Commentary)

Sidhartha Vashisht @ Manu  Sharma                

  versus    

State  (NCT of  Delhi) 

under sections  - 379 of CPC , 302,201/120B IPC , 27 of the arm act

FIR NO -   287/1999

BACKGROUND OF THE CASE 

 Jessica Lal lives in New Delhi who was working as a celebrity barmaid at a crowded socialite party when she was shot dead at around 2am on 30 April 1999. 

 SiddharthVashisht  Manu Sharma is the son of Vinod Sharma .

On night intervening 29-30.04.1999, a ‘Thursday Party’ was going in Tamarind cafe Manu Sharma asked the waiter for two drinks of alchohol. The waiter did not serve him.  Manu Sharma said words to the effect that he would now have to adopt his own way. Jessica told to Manu time is to late near about 2am and liquor is not available. However, Manu Sharma pulled out a pistol  and fired. Manu’s pistol  bullet hit Jessica Lal head and she fell down to the ground.  An ambulance came and she was rushed to the hospital, where she was pronounced dead a few hours later. Sharma and his friends left the scene during the confusion immediately after the gun was fired. Next day, in the early morning hours, Jessica Lal died at Apollo Hospital. 

 Bina Ramani, and her husband George Mailhot  are witnesses in Jessica murder case .They identified him to be the person in white T-shirt and blue jeans. Manu Sharma has also been clearly identified by Bina Ramani   as the person in the White T Shirt who had asked for whisky and thereafter on her refusal to oblige, he misbehaved with Jessica .

 Deepak Bhojwani  was the first witness of the prosecution to testify against Manu Sharma  . after that he saw Manu  running away from the restaurant after killing Jessica .

 Jitender Raj, PW 47 was working as a Manager-cum-Supervisor. He has also identified Manu Sharma.

The mobile and telephone detail of all the accused and their frantic calls to each other and also to their families give a clear picture that they were involved in the crime.

 Manu Sharma’s car Tata Safari was recovered  from Delhi police at Noida in Uttar Pradesh. A few days later, Manu and Vikas surrendered in Chandigarh, a chargesheet was filed against the accused under various sections 302/120B of  IPC, a magistrate court committed the case to a sessions court for trial. A several prosecution witnesses turned hostile one by one. , Malini Ramani, Bina Ramani, George Mailhot, and Surinder Sharma deposed and identified Manu in high court delhi.

Vikas Yadav and Amarjeet Singh Gill were arrested under section 120/B of IPC. Manu Sharma was arrested under Section 302 of IPC and Section 26 of the Arms Act'.

Evidences has clearly proved beyond reasonable doubt that:

-Manu Sharma accused was the owner of the Berretta Pistol made in Italy.

On 03.08.1999, charge sheet was filed against ten accused persons. HC refuses witness' plea and

 the Delhi high court refused the plea to Manu Sharma on march 24, 2006 .

JUDGEMENT -  

On  December 20, 2006, Manu Sharma who was in life imprisonment court gave a bail to him and added in case that Manu didn’t fire on Jessica he is other person .Yadav and Gill, were termed for four years imprisonment and fine of Rs 50,000 and Rs 3,000 to Amardeep Singh Gill and Vikas Yadav.

Amardeep Singh Gill was granted bail

The Supreme Court  granted regular bail to Amardeep Singh Gill who was sentenced to four years in prison by the Delhi High Court .On bail on a personal bond of Rs 25,000 and a surety of the same amount.

Vikas Yadav was sentenced to four years rigorous imprisonment for the offences and was out on bail on 16-17 February, 2002.  High court issued a bail to Jessica’s murderers . Jessica’s sister Sabrina lost her hope for justice .

High court gave a parole for Manu Sharma ten times when a case was started . At that time news published in media as Jessica’s murderers were out on bail by high court

 Supreme court rejected the bail to Manu Sharma on May 12, 2008.

Parole was granted to Sharma in 2009.

On 24 September 2009,  court gave a parole to Manu Sharma to meet sick mother .

While imprisoned Sharma established the Charitable Trust, which is managed by his mother and brother.  The trust is intended to assist causes such as “child education, cancer awareness, " By July 2011 it had provided assistance to at least 130 children of prison inmates.

. In  2017, Manu Sharma  was moved to an "open jail" meaning he was allowed to leave prison everyday morning 8 am to evening 5pm going outside the jail . 

Sabrina lal  wrote a letter to  welfare officer , central jail no 2 , Tihar  March 5,2018

Sabrina wrote in his letter, that she had no objection on his release . He has spent to many years in prison . She also told that in this period he has been doing great work for charity and helping inmates in jail and SRB released Manu Sharma and other 19 prisoners. 

Final Release from Prison

Manu Sharma was released from prison on June 1, 2020 on Monday 21 year later from tihar jail on the grounds of good behaviour or good conduct.

“In this period, Manu Sharma has been doing good work for charity and helping inmates in jail, which I feel is a reflection of reform,”.

Conclusion

Section 379 of CPC – Appeal against conviction by high court in certain cases . punishment life imprisonment or imprisonment for ten years . 

Section 302 of IPC – punishment for murder section 302 of Indian penal code, Whoever commits murder shall be  punishment with death or imprisonment for life  and also be liable for fine . 

Section  120/B  of IPC , ^[imprisonment for life] or rigorous imprisonment for a term of two years and extend to seven years .

Section 27 of the arms act -  punishment for using arms on prohibited place –  imprisonment  for the term witch  shall not be less than seven years. And act result with death of any person , shall be punishment with death .

According to my analysis on this case, Manu was not guilty for any offence as he did not know Jessica. He was made guilty and he behaved properly in jail which led to his early release.

-Gagandeep Singh 

RIMT School of Legal Studies (RIMT University)