OLIVER KUJUR Vs. STATE OF DELHI

JUDGEMENT

(1.) Appellants Oliver Kujur and Kuljeet Singh @ Prince have filed separate appeals bearing No.Crl.A.495/2000 and Crl.A.515/2000 challenging the judgment and order on sentence dated 10th August, 2000 and 12th August, 2000 respectively passed by the learned Additional District and Sessions Judge, Delhi in Sessions Case No.57/97 arising out of FIR No.803/95 u/s 302/394/34 IPC, PS Saraswati Vihar, whereby the appellants were convicted u/s 302/34 IPC and were sentenced to undergo imprisonment for life and a fine of Rs.50,000/- each, in default of payment, further to undergo Simple Imprisonment for 5 years each.

(2.) Prosecution case, as revealed from the charge sheet, succinctly stated, is as follows:

(3.) On 19th December, 1995, Inspector H.S. Bhardwaj along with Inspector Rohtas Singh, Head Constable Padmesh, Const. Manoj Kumar was on patrolling duty at Lok Vihar. At about 2:10 PM, a wireless message was received that a lady had been murdered at B-11, Rang Mahal Society, Pitampura, Delhi. So Inspector H.S. Bhardwaj along with the staff reached the place of occurrence where he met Kumari Kashmira and her younger sister Trupti. Smt. Swati, mother of Kashmira was found murdered in the bathroom. Inspector H.S. Bhardwaj recorded the statement of Kumari Kashmira, Ex.PW11/A wherein she stated inter alia that she along with her mother Swati and sister Trupti aged 9 years had been residing as tenants in house No.B-11, Rang Mahal Apartments, Pitampura, Saraswati Vihar for the last six months. She was studying in 10th standard while her sister was studying in 3rd standard. Her father had expired in the year 1993. Sh.T.S. Gandhi, R/o BG-11, Shalimar Bagh, East was her father's friend and was on visiting terms to her house. He also used to financially assist them. There was a servant, namely, Ramu @ Bhim Singh Thapa aged about 17-18 years who was working as a domestic servant for the last about 11/2 years. Earlier he was working at the house of Mr.T.S. Gandhi. On that day, she as well as her sister had gone to school at about 8:00 AM. Her mother and servant Ramu were in the house. At about 1:30 PM, when she was returning back from school to her house along with her friends, she noticed one white Maruti Van bearing No.DL-4CD-6598 on the back side of her house belonging to Sh.T.S. Gandhi which was normally used by Kuljeet Singh @ Prince, s/o Mr. T.S. Gandhi. She got astonished on seeing the Maruti Van parked over there and peeped inside the vehicle but nobody was available in the van. Normally whenever this vehicle used to come, it used to be parked inside the society. When she along with her sister reached the house, she found the door of the house on the first floor locked. As such, she and her sister came downstairs after keeping the school bag on the stairs and thought that their mother must have gone somewhere nearby. After some time, when they returned back, the van was still lying there and they found the main gate of 2nd floor of the house opened. When they entered the second floor, they found the house ransacked. Clothes were lying scattered here and there. They came to the drawing room of the first floor where purse of her mother was found lying on the bed. Some money and articles were lying scattered. Almirah and the locker were also lying opened. On checking the room, she found her mother lying in the bathroom with injuries on her head. One bat was lying near the wall of the bathroom. She and her sister raised alarm. Persons from the neighbourhood collected and somebody informed the police. On the basis of this statement, rukka Ex.PW18/A was prepared and was sent to the police station on the basis of which FIR Ex.PW12/A under Section 302/394/34 IPC was registered. During the course of investigation, one Maruti Van bearing No.DL 4 CD 6598 was seized from Gurdwara Nanak Pyau, Rana Pratap Bagh. On the same day, statements of Bhim Singh Thapa and Ram Bahadur, who were working as domestic servants at the house of deceased, were recorded. On pointing out of Bhim Singh Thapa, accused Oliver Kujur was arrested. He made a disclosure statement and led the police party to his house from where he got recovered a packet containing certain jewellery articles, currency and other items. He also got recovered his blood stained clothes. Post- Mortem on the dead body of Swati was got conducted. Accused Kuljeet could not be arrested. As such, he was kept in column No.2. After completing investigation, charge sheet was submitted against Oliver Kujur. Thereafter, on 20th December, 1995, accused Kuljeet @ Prince was arrested and supplementary charge sheet was submitted against him.