The HC bench of Justices R S Sodhi and P K Bhasin criticised the trial court’s assessment of evidence as “immature and self-contradictory”. Jessica Lall was shot dead on April 29/30, 1999 at Tamarind Court in South Delhi.

The court will hear on Wednesday arguments on the quantum of sentence.

Reacting to the verdict, Jessica’s sister Sabrina said: “It’s a vindication for all of us... It is a very emotional day for me.” She lost both her parents during the course of the family’s fight for justice.

Wrapping up the appeal in 25 hearings, the HC bench, which had handed death sentence to Santosh Kumar Singh in the Priyadarshini Mattoo case, said: “We have no hesitation in holding Manu Sharma guilty under Section 302 IPC for the murder of Lall as also under Section 27 Arms Act and Section 201/120.”

“In the totality of the circumstances adduced from material on record, the judgment under challenge appears to us to be an immature assessment of material on record which is self-contradictory, based on misreading of material and unsustainable.”

The court directed that all three convicted be taken into custody straight away. Manu Sharma, who was not present in the court, later surrendered and was taken to Tihar Jail. Tony Gill, who was there, was immediately taken into custody. Vikas Yadav is already in jail as he’s facing trial in the Nitish Katara murder case.

The court, which fast-tracked hearing in the appeal filed on March 13, 2006, relied heavily on socialite Bina Ramani’s deposition.

Treating her as a reliable witness, the bench said she was “the only brave person present in that party to muster courage to face the shooter while others who claim to be socialites did not have the courage to raise even a little finger to apprehend the culprit.”

Attacking the trial court order on several grounds, Justice Sodhi read out from the 61-page judgment which recorded that Bina Ramani had identified Manu, Gill, Alok Khanna and Vikas Yadav as the persons present at the Tamarind Court at the time of the incident and also saw Manu firing the fatal shot at Jessica.

The bench said that “the trial court, instead of itself reading the evidence by Bina Ramani, proceeded to wrongly record acceptance of this submission of the prosecutor... this kind of approach of the trial court has caused grave miscarriage of justice”.

Saying that the two-gun theory was “a concoction of the defence,” the bench noted that Manu had a licensed pistol of .22 bore which he had not produced to establish his innocence, that he even abandoned his Tata Safari while fleeing. The live cartridge, recovered from the vehicle later found in Noida, also went against Manu.

We have No hesitation in holding Manu sharma guilty: HC

UNSUSTAINABLE VERDICT: The High Court said, “From material on record, the judgment under challenge appears to us to be an immature assessment of material on record which is self-contradictory, based on misreading of material and unsustainable.”

THE KEY WITNESS: The High Court said Bina Ramani was a "reliable witness" and the "only brave person present in the party to muster courage to face the shooter". From her testimony "the involvement of Manu in the murder is writ large."

THE GUILTY

Manu Sharma: Murder, entering into conspiracy, destroying crime weapon
Trial Court: Acquitted of all charges
High Court: Convicted of all charges

Vikas Yadav: Entering into conspiracy and destroying evidenceTrial Court: Acquitted of all charges
High Court: Convicted of all

Amandeep Singh Gill: Entering into conspiracy and destroying evidence
Trial Court: Acquitted of all charges
High Court: Convicted of all

ACQUITTED (Insufficient evidence)

Shyam Sunder Sharma: Manu’s uncle, charged with harbouring R.K. Sudan, an accused who helped destroy crime weapon

Harvinder Chopra: Businessman, charged with sheltering Manu when he was on the run

Yograj Singh: Former cricketer, charged with harbouring Manu

Vikas 'Ruby' Gill: Businessman friend of Manu, charged with harbouring him

Raja Chopra: Businessman friend of Vikas and Manu, charged with harbouring him

Aloke Khanna: Businessman friend, charged with criminal conspiracy and destruction of evidence

ABSCONDING

Dhanraj: Manu Sharma's driver, R.K. Sudan: Friend of Manu