SURAJ @ KISHAN Vs. STATE

JUDGEMENT

(1.) Appellant Suraj @ Kishan alongwith co-accused Arjun Mandal, Anil Kumar Mandal and Santoshi Devi was tried for the offences of criminal conspiracy, robbery and causing death of Ms. Chandra Kalra punishable under Sections 120 B IPC, 302/34 and 394/120-B IPC. The Trial Court vide impugned judgment dated 18th April, 2009 acquitted three accused persons namely Arjun Mandal, Anil Kumar Mandal and Santoshi Devi. However, the appellant Suraj @ Kishan is convicted under Section 394 read with Section 34 IPC and Section 302 read with Section 34 IPC. He is sentenced to undergo imprisonment for life for the offence punishable under Section 302/34 IPC with fine of Rs. 5000/- and in default of payment of fine, to undergo one year RI. He is also sentenced to undergo RI for seven years for the offence punishable under Section 394/34 IPC and also to pay fine of Rs. 5000/- and in default of payment of fine, to undergo RI for a further period of one year. Feeling aggrieved by the impugned judgment and order on sentence, the appellant has preferred this appeal.

(2.) Briefly stated, the case of the prosecution is that on 9th January, 2002 on receipt of DD no. 5A regarding murder at J-12/1, Rajouri Garden, SI Satish Kumar alongwith Constable Sheikh Yakub reached at H.No. J-12/1, Rajouri Garden. Inspector Ram Chander, Addl. SHO also reached there. The police found a Maruti Zen Car parked at the gate of the house. The body of a female i.e. Ms. Chandra Kalra, aged about 55-60 years was found lying in the car with a muffler tied around her neck. Subhash Kalra (since deceased), husband of the said lady was present there. His statement was recorded by the Addl. SHO.

(3.) Complainant Subhash Kalra stated to the police that on 9th January, 2002 at about 11.30 a.m. he had gone to the market with his driver Mukesh Kumar (PW-1). When they returned at about 1.00 p.m. he found the door of his house open, two hawai chappals were lying near the gate. When he entered the house he noticed that the almirah in the room opposite drawing room was open. On this, he entered the said room and found that even the other almirah was also open. In the meanwhile, PW Mukesh Kumar followed him into the said room. When he opened the door of the store room two persons came out of the store and pushed him down. PW Mukesh Kumar tried to apprehend them. But they went into the kitchen. He raised an alarm "chor chor". Both those persons then came out of the gate of kitchen and tried to escape but PW Mukesh Kumar managed to apprehend one of them with the help of public persons Kamal Mathur and Shiv Kumar who also reached there. The name of the person who was apprehended was revealed as Suraj @ Kishan. On further checking, the body of Ms. Chandra Kalra was found in the bath room. Complainant further stated that he immediately rushed Ms. Chandra Kalra to Kukreja Hospital in his car where she was declared brought dead. Then he brought the dead body back to his house. On checking, he found that a sum of Rs. 1.5 lacs and jewellery was missing from the house. Even the jewellery of Ms. Chandra Kalra was missing from her body. On the basis of said complaint Ex. PW-21/A, formal FIR under Section 302/392/34 IPC was registered at Police Station Rajouri Garden.