MANI SHANKAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By these four appeals, all the four Appellants challenge the common impugned judgment dtd. 15/2/2020 convicting the four Appellants for committing murder of Sarita @ Pinki ("deceased") and for attempt to murder of Manish Jaiswal (PW-5) while committing robbery at their house in furtherance of their common intention. Appellants also challenge the impugned order on sentence dtd. 20/2/2020 directing all the four convicts to undergo imprisonment for life alongwith a fine of Rs.10,000.00 each and in default simple imprisonment for 6 months for offence punishable under sec. 302/34 IPC; further directing all four convicts to undergo rigorous imprisonment for 10 years alongwith fine of Rs.5,000.00 each and in default simple imprisonment for 3 months for offence punishable under sec. 307/34 IPC; and further directing them to undergo rigorous imprisonment for 7 years alongwith fine of Rs.5,000.00 and in default simple imprisonment of 1 month for offence punishable under sec. 392 r/w sec. 397/34 IPC.

(2.) Briefly the case of the prosecution is that on 28/1/2013 at 4.30 pm, complainant Munni Devi (PW-2) alongwith her daughter in law Shweta (PW-6) left to see a doctor, and when they came back at about 5.30 PM complainant found the door was closed from inside and her son Manish (PW-5) was shouting "mummy.. mummy" from inside. The complainant pushed open the door and the Appellants came out. Manish also came out bleeding from his face. The Appellants pushed aside the complainant and Shweta (PW-6) and ran towards the main door. The complainant ran after the Appellants and apprehended one of them (later identified as Mani Shankar). Thereafter, the complainant went back to the room and saw her daughter lying dead on the floor and the articles of the house scattered.

(3.) Upon receipt of information to Duty officer at PS Madhu Vihar, IO Insp. S.N. Rajora (PW-45) alongwith SI Kiran Pal (PW-41), SI Ramphal (PW-27), Ct. Naveen (PW-24) and Ct. Raghav reached the spot i.e. H.No. F-105, Gali No.4, West Vinod Nagar, where in the inner room, body of one female was found lying on her belly with her neck cut with some sharp weapon and blood spilled in the room. Manish, the injured was taken to the hospital by Satish. One of the accused was identified by the victims as their ex-employee namely Sanjeev, who used to drive their car 6 years ago. Accused Mani Shankar was apprehended by the complainant at the spot and handed over to the PCR officials, whereas the other three accused including Sanjeev managed to flee away. FIR No. 53/2013 dtd. 28/1/2013 u/s.302/307/394/397/34 IPC at PS Madhu Vihar was registered on the statement of Munni Devi, the mother of Manish and Sarita (deceased). Appellants Sanjeev and Sandeep were apprehended on 3/2/2013 after a raid was conducted at H.No.225, Patel Nagar Society, Godhara, Surat and the fourth Appellant Ajay was arrested from Madhubani, Bihar on 16/2/2013.