P SHEKHAR Vs. STATE

JUDGEMENT

(1.) These appeals challenge the judgment and order of the learned Additional & Sessions Judge dated 23.07.1997 in Sessions Case No.69/1990. By that judgment, the Appellants were convicted for having committed the offences punishable under Section-302 read with Section-34, IPC as well as under Section-380 IPC and sentenced to undergo life imprisonment besides fine and three years rigorous imprisonment as well as fine for Rs. 1,000/-.

(2.) The brief case is that Kamakshi Krishnamurty (hereafter referred to as "the deceased") used to live with her son K. Ramesh and husband T.V. Krishnamurty in Flat no.6285 (Second Floor), Sector-B, Pocket-9, Vasant Kunj, New Delhi. It was alleged that the Appellant P. Shekhar used to clean cars in Pocket-B, Sector-9. On 27.10.1994, P. Shekhar and the second Appellant Madhavan went to the house of S. Yashudas and his sister Mrs. Margret in Harijan Basti, Masoodpur, New Delhi. It was alleged that the Appellants stayed with S. Yashudas and Ms. Margret till 29.10.1994 when they left stating that they were in search of jobs and that in case they did not find employment, they would return to their native village. The Appellants did not return. The prosecution further alleged that PW-9 Mange Lal used to press the cloths in Sector-9; PW-2 Noor Mohammed was a tea vendor in the vicinity of the deceaseds premises. Both of them allegedly saw the appellants going into the colony around 9-9:30 AM and one of them had a bag. Around 01:30 PM, the deceaseds husband T.V. Krishnamurthy returned and found the doors of his house locked and he, therefore, waited in the house of a neighbour. His son returned home around 04:45 PM. He too found the house locked and no-one opened it despite several knocks. It was alleged that K. Ramesh, the son, broke open the door and found that the articles had been ransacked. He also found his mother Kamakshi Krishnamurty lying dead in the toilet.

(3.) K. Rameshs information of the incident was recorded as D.D. No.28A (Ex.PW-10/A); the police reached the spot and recorded his statement (Ex.PW-1/A) and registered the FIR. Further investigation took place, during which, the IO seized lengths of rope, used to tie the deceaseds legs, a piece of cloth, Ex.P-3, two hawai chappals (Ex.P-5&6) and a letter in Tamil (Ex.P-12). It was also stated photographs of the crime scene were taken. The body was sent for postmortem examination, on 31.10.1994. K. Ramesh (PW-1) gave the list of articles missing from his house to the I.O. on 30.10.1994. The police allegedly recorded the statement of the witnesses PW-9 Mange Lal on 30.10.1994 as well as the statement of Noor Mohammed (PW-2). The prosecution alleged that PW-7 Venkateshwaran and PW-14 S. Yashudas were joined in investigation; the police party left for Tamil Nadu on 2.11.1994; the appellant Madhavan was arrested from village Pochampalli, District Dharampori on 6.11.1994. His disclosure statement led to the recovery of a gold mangal sutra dana (Ex.P-20), wrist watch (Ex.P-21), gold chain (Ex.P-23), and gold pendant (Ex.P-24). The prosecution further alleged that subsequently P. Shekhar was arrested from a temple; his disclosure statement led to recovery of four gold CRL. bangles (Ex.P-13/1-4), four silver bangles (Ex.P-14/1-4), gold necklace (Ex.P-15), silver paijeb (Ex.P-16/1-2), two child karas (Ex.P-19), small sindoor box (Ex.P-17), silver chain (Ex.P-18), wrist watch (Ex.P-22), gold chain (Ex.P-23), key (Ex.P-27), gold ring (Ex.P-26), currency notes, aggregation to Rs. 7,000/- (Ex.P-29), pair of jhumkas (Ex.P-30/1-2), a piece of gold (Ex.P-31), another gold ring (Ex.P-32) and a tape recorder (Ex.P-33). The appellants were later brought to Delhi and Test Identification Parade (TIP) were sought to be conducted. It was alleged that the accused Madhavan refused to participate in the TIP. However, the exhibits, which included articles, exhibits P-5&6 (chappals) and the jewelry recovered from both the accused were identified by Mrs. Usha Tejo, the deceaseds daughter during TIP.