RAJ KUMAR @ RAJU Vs. STATE

JUDGEMENT

(1.) THE appellant has filed the above captioned appeal challenging the judgment and order dated 6.5.2003 passed by the Trial Judge convicting him for the offences punishable under Section 302/392 IPC. For the offence of murder the appellant has been sentenced to undergo life imprisonment and to pay a fine in sum of Rs.5,000.00 and for the offence of robbery appellant has been sentenced to undergo rigorous imprisonment for five years and to pay a fine in sum of Rs.2,000.00.

(2.) BRIEFLY stated, case of the prosecution is that appellant Raj Kumar was employed as a domestic help at the house of Mrs.Pushplata Correa and Dr.J.P.Correa i.e. at house bearing Municipal No.I-10 Jangpura B, Delhi. In the evening at around 7.30 PM on 22.6.1999, appellant Raj Kumar and juvenile co-accused Sunil Kumar Ojha committed murder of Dr.J.P.Correa and Mrs.Pushplata and also committed robbery of all the silver and gold jewellery items in the house.

(3.) AFTER registration of the FIR, the investigations were transferred to Insp.Gurucharan Dass PW-26, who also reached the spot. He found a slip Ex.P-21 lying on the top of the fridge of the house. On one side of the slip it was written NEPALI LADKA MARA HAI. MARTEY SAMAY 24 TAARIKH NEPAL KA MAAR KE CHALA GAVA and on another side it was written MARTE SAMAY CHITTHI LIKHA HAI (We note that the said slip is not in the Trial Court Record). Insp.Gurucharan Dass seized the said slip and a one-lined notebook containing addresses of various persons from the spot vide seizure memo Ex.PW-2/B. The said notebook contained amongst others, an address in Bihar stated to be that of appellant Raj Kumar.