VIMAL SINGH Vs. STATE

JUDGEMENT

(1.) Petitioner is facing prosecution for offences under Sections 394/397/302/460/411 read with Section 34 Indian Penal Code registered in PS Trilok Puri, Dilhi along with some others. He has applied for bail.

(2.) The case of the prosecution in brief is that on 2.6.90 some unknown person informed the police that murder and robbery had taken place in flat No. 291, phase II, Mayur Vihar, Delhi. The police went there and r-corded the statement of Ashok Kumar Gupta. He stated that he and his wife Smt. Asha were employed in a Bank. They returned from the office at about 6.00 PM that day and found his parents and child aged 4 years missing. The house was locked from out side. After waiting for their return in futile, the lock was broken open with the help of one Chandra and to their utter surprise blood-soaked dead bodies of his parents in one room and that of their child in bath room were lying. The goods in the house were also lying scattered.

(3.) There is no direct evidence. The case is based on circumstantial evidence. One Rambir, Contractor had employed 3 co-accused in this case and he told the police that they did not come for work on the date of the occurrence. One Lakhvinder Mehto was also examined who informed the police that one Shanker and three other persons were seen by him entering the flat at about 11.00 AM on 2.690 from where the dead bodies were recovered. The police is also alleged to have recovered blood stained clothes of the deceased, blood of the deceased and also the blood stained knife at the instance of the petitioner. The petitioner also got recovered a part of the looted property which was later on identified.