New Delhi: The Supreme Court on Wednesday upheld the conviction and life imprisonment of a constable who had shot dead his brother-in-law with his service gun inside a police station two decades ago as he was upset over the victim's alleged illicit relationship with his wife.

A bench of Justices Sudhanshu Dhulia and Rajesh Bindal rejected the plea of ​​convict Surendra Singh that the victim had come to kill him and the crime was committed in self-defence, hence it cannot be termed as murder under the Indian Penal Code (IPC).

This case is nothing but murder- SC

"On every possible ground, this case is nothing but murder. The nature of the weapon used, the number of bullets fired at the deceased, the part of the body where the bullets were fired - all point to the fact that the appellant was determined to kill the deceased. Ultimately, he completed his task and ensured that the deceased was dead," Justice Dhulia said in his 23-page verdict.

The apex court refused to interfere with the judgments of the trial court and the Delhi High Court and set aside the interim order granting bail to the convict. The court said, "The facts of the case show that the present case is of a brutal murder committed inside a police station in Delhi."

The constable will have to serve the remaining sentence

"Accordingly, this appeal is dismissed. The interim order dated April 2, 2012 granting bail to the appellant is deemed to have been vacated and the appellant is directed to surrender before the trial court within four weeks from today. A copy of this order shall be sent to the trial court to ensure that the appellant surrenders and undergoes the remaining sentence," the order said.

The incident happened in Mayur Vihar Police Station in 2002

The prosecution told the court that the victim was married to the convict's cousin and he was also her neighbour. According to the prosecution, the victim had illicit relations with the convict's wife and on June 30, 2002, he went to the Mayur Vihar police station where the convict was posted.

The victim and the convict were last seen talking to each other inside the police station, just minutes before witnesses – other policemen – saw the convict kill the victim with his serviceable 9-mm carbine.

The court rejected the guilty plea

The convict argued that he had committed the offence in self-defence and in the alternative, if self-defence is not accepted by the Court, then it was a case of more grave and sudden provocation which led to the death of the victim at the hands of the appellant.

The convict said, even if that is so, the appellant can be punished only for culpable homicide not amounting to murder, but the court rejected his plea.

All these evidences taken together are without merit. The prosecution's case is safe on the basis of these evidences. It is a clear case of murder. The motive of the appellant (admittedly, the deceased had an affair with the appellant's wife) and the commission of the crime in the police station - all these point to a murder committed inside the police station by the present appellant.

"A firearm injury at the entry point also suggests that the deceased was shot first from a close range. The remaining injuries also match the testimony of the eyewitnesses mentioned above," the court said.