MAYA CHANCHAL Vs. STATE

JUDGEMENT

(1.) These appeals are directed against the judgment dated 22.09.1997 and order on sentence dated 23.09.1997 whereby the Appellants were convicted for the offences punishable under Sections 452/307/392 /397/302/34 of the Indian Penal Code (IPC) and were sentenced to undergo RI for three years and to pay a fine of 500/- and in default of payment of fine to further undergo RI for six months for the offence punishable under Section 452 read with Section 34 IPC; RI for seven years and to pay a fine of 1,000/- and in default of payment of fine to further undergo RI for one year for the offence punishable under Section 392 read with Section 34 IPC; RI for seven years and also to pay fine of 1,000/- and in default of payment of fine to further undergo RI for one year for the offence punishable under Section 307 read with Section 34 IPC. The Appellants were further awarded RI for life and also to pay a fine of 2,000/- and in default of payment of fine to further undergo RI for two years for the offence punishable under Section 302 read with Section 34 IPC.

(2.) The Complainant, Gulzari Lal Batra used to reside in House No.D-64, Naraina Vihar with his family comprising of his wife Smt. Phool Batra, sons Vikas Batra and Gaurav Batra and daughter Kiran Batra. It was a newly built house and some finishing/electrical work was still going on in the upper floors of the house.

(3.) On 14.03.1991 Gulzari Lal Batra s family members were present in the house, except him. He used to reach home at about 08:00 P.M. after shutting his shop. At about 07:30 P.M., the door bell rang. Gaurav Batra (Gulzari s son) went to open the door expecting that his father might have returned from the shop. Smt. Phool Batra (Gulzari s wife) heard the cry bachao- bachao?; she immediately came to the lobby to find out the reason for the alarm. It is alleged that when she went there, the Appellants Maya Chanchal and Lal Babu Ram caught hold of her. Thereafter, the Appellants Suresh and Maya Chanchal stabbed her with knives; while they did so she noticed Gaurav Batra (the deceased) lying in an injured condition in the lounge. On hearing the shrieks of Phool Batra, her other son Vikas Batra and her daughter Kiran Batra also reached the lounge. Vikas Batra tried to rescue his mother from the clutches of Lal Babu Ram and Gauri Shankar. It is alleged that one of the assailants caught hold of Vikas Batra and another gave a hammer blow on his head. Kiran Batra was dragged by Suresh into her room and was stabbed with a knife.