PREM CHAN JAIN Vs. STATE BY PULIKESHI NAGAR

JUDGEMENT

(1.) This petition is moved on behalf of accused No.1 against whom charge sheet is laid alleging commission of offences punishable under Sections 302, 397 and 201 read with 34 of Indian Penal Code. Along with the petitioner, accused No.2 is also sent up for trial on the same charges.

(2.) The case of the prosecution is that deceased Parvathraj and his wife Chandrakala were residing at Frazer Town in their independent house. They had let out a portion of the building to other tenants. Accused No.1 was attending to the sanitary and electrical repair works of the building belonging to the deceased. It is alleged that accused No.1 having come to know that the deceased was in possession of cash and gold, plotted to murder the deceased and with this end in view, on 21.04.2016, accused Nos.1 and 2 purchased two knives from C.W.34 and thereafter went to the house of the deceased. On that day, C.W.9 having cited the accused persons, both the accused returned back and went again to the house of the deceased on 22.04.2016 and brutally assaulted the deceased one after another with knives causing their death and thereafter, robbed the gold ornaments and cash from the house of the deceased. The dead bodies were discovered two days after the incident.

(3.) In the course of investigation, based on the statements of C.W.9 and 10, the neighbouring occupants and the tenants of the deceased accused Nos.1 and 2 were arrested. At the instance of accused Nos.1 and 2, the weapons viz., knives used for the commission of the offence were recovered. The robbed gold ornaments were recovered from the receivers. Based on this material, charge sheet has been laid against both the accused for the above offences.