BACHCHI SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 23rd April 1997, and Order on Sentence dated 26th April 1997, whereby the appellants were convicted under Section 302 and 392 of IPC read with Section 34 thereof, and were sentenced to undergo imprisonment for life and to pay fine of Rs 1000/- each or to undergo SI for one month each in default under Section 302 IPC and were further sentenced to undergo R.I. for three years each under Section 392/34 of IPC. The co-accused of the appellants, namely Ramesh and Hira Singh were convicted under Section 411 of IPC and were sentenced to undergo R.I. for three years each.

(2.) Deceased Dr. R.N. Berry and his wife Rama Berry, who were residing in House No. 145 Jor Bagh, New Delhi, were found murdered in the morning of 2nd February 1987. The appellant Gopal Singh was at that time working as a domestic servant with them whereas the appellant Bachchi Singh, who is the brother of Gopal Singh, was an ex servant of Dr Berry and was removed from service, when he was found committing theft from the house. The case of the prosecution is that the appellants and their co-accused were party to a criminal conspiracy to commit murder of Dr R.N. Berry and his wife Smt. Rama Berry and commit robbery of valuables from their house and it was pursuant to that conspiracy that the appellants committed murder of the deceased persons in the night intervening 1st/2nd February 1987 and also committed robbery of a number of articles from the house of Berrys.

(3.) There is no ocular evidence of the appellants having committed the murder of Berrys and robbery of valuables from their house. The case of the prosecution against them rests on the following circumstantial evidence:-