SARVIND KUMAR ALIAS SONU Vs. STATE

JUDGEMENT

(1.) Vide impugned judgment and order dated 01.07.2007 the appellant has been convicted for the offences punishable under section 394/302 IPC and his brother Hari Chand has been convicted for the offence punishable under Section 411 IPC. For the offence of murder, the appellant has been sentenced to undergo imprisonment for life and for the offence of robbery he has been sentenced to undergo RI for 7 years. Hari Chand has been sentenced to undergo RI for 9 months.

(2.) Probably for the reason by the time he was convicted, Hari Chand had already undergone the sentence imposed upon him, he has not preferred any appeal challenging his conviction.

(3.) In convicting the appellant the learned trial judge has held that the testimony of PW-7 and PW-8 proved that the appellant was employed as a helper on the RTV by Anil Raizada PW-8 and that the appellant used to keep his bag in house No.C-1, Arjun Nagar where Smt.Raj Rani the mother of Anil Raizada resided and that the appellant took leave for a few hours at 3:00 PM on 24.03.2004 but never returned. His bag was not found in house of Smt.Raj Rani who was found murdered in her house by PW-7 and PW-8 when they went to the house of Raj Rani at 9:00 AM on 25.03.2004 and a bag containing the valuable of the deceased as also the money which Anil Raizada PW-8 had given to his mother was found missing; after he was apprehended, as recorded in the personal search memo Ex.PW-7/B, Rs.80,000/- in denomination of Rs.1000/- each was recovered from his pocket as also a chocolate colour diary, a passbook issued by Punjab National Bank and an election identity card issued by the Election Commission of India to the deceased were recovered as entered in the memo Ex.PW-7/B; thereafter the appellant made the disclosure statement Ex.PW-7/C informing that he gave Rs.70,000/- out of the loot to his brother Hari Chand upon whose arrest and pursuant to his disclosure statement Ex.PW-7/G Rs.70,000/- were recovered the notes being in the denomination of Rs.500/-. The learned trial Judge has held that as per Anil Raizada PW-8 he had given Rs.88,000/- to his mother in denomination of Rs.1000/- each as also two bundles of notes in denomination of Rs.500/- each and interestingly the money recovered from the appellant was in denomination of Rs.1000/- each and that from his brother was in the denomination of Rs.500/- each.