RAJAN KHARBANDA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The appellant was charged for the offences punishable under Section 394 IPC as also Section 302 IPC. He has been convicted for both offences. For the offence of murder he has been sentenced to undergo imprisonment for life. For the offence punishable under Section 394 IPC he has been sentenced to undergo imprisonment for 5 years.

(2.) Two pieces of incriminating evidences have been held established against the appellant. The first is his being seen in the house in the company of the deceased soon before the deceased was found grievously injured. The said evidence has emanated through the testimony of PW-2 and PW-4, the grand daughter and the grandson of the deceased. As a link to this, is the evidence of PW-4 that he saw the appellant leave the house, walking hurriedly away. The second piece of incriminating evidence against the appellant is the recovery of two gold bangles Ex.P.2/1 and Ex.P.2/2 from PW-8 to whom appellant had pledged the same as also the recovery of a gold chain Ex.P-1 from PW-10, to whom the same was pledged by the appellant. It has been held that the said three gold jewellary pieces have been proved to be belonging to the deceased. To put it in layman's language, the second incriminating evidence is the recovery of the fruits of the crime at the instance of the appellant.

(3.) As deposed to by Inspector Om Prakash PW-1, who was posted as SHO Police Station Vikaspuri, on 15.10.2001, he was told that a lady had been admitted in an injured condition in U.K.Nursing Home. He went to the Nursing Home and found one Smt.Mayawati i.e. the deceased having multiple wounds on her neck and other parts of the body. She was declared dead. He learnt that the lady had been brought from a house which falls within the jurisdiction of Police Station Tilak Nagar and accordingly he informed the Duty Officer at said Police Station and got recorded DD No.21 at 7:25 P.M. Soon thereafter Inspector Rajinder Prasad, Addl. SHO, PS Tilak Nagar reached the hospital and took over the investigation.