JARNAIL SINGH Vs. STATE

JUDGEMENT

(1.) Both these appeals arise out of the judgment dated 26.5.1988 passed by Shri P.S.Sharma, Additional Sessions Judge, Delhi convicting the appellants Jamail Singh and Jasvinder Singh for offences under Sections 302 and 392 of the Indian Penal Code and sentencing them to undergo life imprisonment under Section 302 Indian Penal Code and seven years R.I. under Section 392 Indian Penal Code .

(2.) The facts in brief are that the appellants along with Ms. DaljitKaur@ Sweety were tried jointly for offences under Section 392 read with Section 34 and Section 302 read with Section 34 of the Indian Penal Code on the allegations that one Sudarshan Malhotra was staying with his wife Ms. Anju at House No.3/115-A, Ramesh Nagar, New Delhi. They had three children who were getting education p53at Mussoorie. A couple of months prior to the date of occurrence Ms. Daljit Kaur was also brought by Sudarshan Malhotra to the house as his wife-mistress. As Ms. Daljit Kaur was not pulling on well with Ms. Anju, therefore, she wanted to get rid of Ms. Anju for which purpose she entered into a plan to cut short her life by putting up a show that some robbers had come and killed her and took away jewellery and other valuable articles from the house. The plan was so timed that most of the people were away from their houses.

(3.) The prosecution's version has been that on 30th July, 1984 at about 11.00 A.M., the appellantcame to the house in a hired taxi after confirming from Ms. ,Daljit Kaur on telephone that Ms. Anju was at house. Both of them could easily gain.access to the house since the two pet dogs had already been administered some pills and were lodged in bath-toilet. After gaining entry to the house, Ms. Anju was killed with a dagger and the jewellery which she was wearing was removed. Imported cassette player-deck, a V.C.R. and an attache case containing clothes was taken out and placed in the taxi which was till then parked outside the house. As a part of the plan accused Ms. Daijit Kaur got herself tied up with clothes as if during the occurrence she was immobilised to put up a show that the other two accused had committed the act of murder and dacoity. In the meanwhile, Raj Kumar, brother of Sudarshan Malhotra along with his wife Ms. Sunaina, came and saw the appellants coming out of the house. After some talk between Raj Kumarand the appellants, the appellants came out of the house with the suit case and Raj Kumar on entering the house found Ms. Anju in a pool of blood. Ms. Daijit Kaur was found lying in another room wrapped up with cloth with her hands and feettied and mouth gagged. Raj Kumar and his wife shouted for help. In the meanwhile both the appellants, after putting the suit case in the taxi, fled away. Ranjit Singh, the taxi driver.kept standing outside the house by the side of Taxi and all the goods which were sought to be taken away were found to be lying in the taxi.