BHAWGAN MAHALIK Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) BHAGWAN Mahalik @ Rajesh @ Babu (A-1), Bhasker Mahalik (A-2), Niranjan Mahalik @ Jeda (A-3) and Jagbandhu Dass @ Tukku @ Tinku (A-4) impugn the judgment of learned Addl. Sessions Judge, New Delhi dated 01.12.2010 in Sessions Case No.122/2008 arising out of FIR No.111/2006 by which they were convicted for committing offences punishable under Sections 302/394/34 IPC and sentenced to undergo imprisonment for life with fine.

(2.) SWARANA Mahajan and Anuradha Mahajan, Advocates by profession (since deceased) lived in House No.256, Sidharth Enclave, New Delhi. PW-2 (Geeta Chopra), their maid saw them hale and hearty on 11.03.2006 around 07.30 P.M. When she reached the house at about 08.00 A.M. next day on 12.03.2006 and rang the door bell, there was no response. Finally, both Swarana Mahajan and Anuradha Mahajan were found lying dead inside the house. The articles were lying scattered. The assailants had committed murder of both the ladies in the course of committing robbery. DD No.8 (Ex.PW-25/A) was recorded at police post Sun Light Colony. SI Karamvir with Const.Sur Gyan and Const.Parveen reached there. Rukka (Ex.PW-26/A) was prepared and First Information Report was lodged. Scene of incident was photographed. Inquest proceedings were conducted and bodies were sent for post-mortem examination. PW-1 (Dr.B.L.Chaudhary) conducted examination on 14.03.2006. On 15.03.2006, PW-4 (Sanjiv Rai Mahajan), Swarana Mahajans son submitted a detailed list of missing articles to the police. Efforts were made to find out the culprits and to recover the robbed articles but to no effect. PW-20 (SI Naresh Solanki) from Anti Extortion Cell, Crime Branch, R.K.Puram joined the investigation of this case on the instruction of DCP and got information that a servant working in the neighbourhood of the deceased was missing. A raiding party was organised and they all reached Soro, Orissa on 22.04.2006. A-1 to A-4 were arrested from railway station Soro after joining the local police in the investigation. Incriminating articles were recovered in the personal search of the accused. They were interrogated and their disclosure statements were recorded. In consequence to the disclosure statements A- 1 to A-4 recovered various jewellery articles from their respective houses. The articles were seized vide seizure memos on 22.04.2006. When the accused persons were present at the railway station after their transit remand, A-4 volunteered to recover more jewellery from his house. He led the police team and recovered jewellery articles from his house concealed in a chappar. At Delhi, the Investigating Officer of police station S.N.Puri was informed. They interrogated the accused and recorded their disclosure statements. During police remand, A-1 and A-4 offered to recover more jewellery articles. It was disclosed by A-1 that he had sold one gold chain to a jeweller at Soro. Again police of PS S.N.Puri with A-1 and A-4 reached Soro and recovered the articles with the assistance of the local police.

(3.) AFTER appreciating the evidence and documents on record and considering the rival contentions of the parties, A-1 to A-4 were convicted for the offences described previously. Being aggrieved, they have directed the appeals against the impugned judgment.