VIKRAM AND ORS. Vs. STATE

JUDGEMENT

(1.) VIKRAM (son of Mange Lal) and Gopal, in these connected appeals, impugn common judgment dated 24.02.2000 convicting them under Sections 396 of the Indian Penal Code, 1860 (IPC, for short) for dacoity and murder of Kishan Miglani and Usha Miglani in the intervening night of 15th and 16th September, 1996 at G -85, Vikas Puri, Delhi. The appellants have also been convicted under Section 412 IPC for possessing stolen property. By order on sentence dated 06.03.2000, the two appellants have been sentenced to undergo imprisonment for life for the offence under Section 396 IPC and rigorous imprisonment for a period of seven years for the offence under Section 412 IPC. The punishments would run concurrently and Section 428 of Code of Criminal Procedure, 1973 (Cr.P.C., for short) would apply.

(2.) THE impugned judgment also convicts Rajmal and Bikram (son of Bhagirath), who were similarly sentenced. However, the said Rajmal and Bikram (son of Bhagirath) have expired and the appeals filed by them have abated.

(3.) ON the question that there was forced intrusion and robbery in House no. G -85, Vikas Puri, Delhi in which Kishan Miglani and Usha Miglani had suffered homicidal death, we have the testimony of their daughter Diksha (PW -4), who was about 11 years of age when her deposition was recorded in the Court on 30.04.1998. Thus, Diksha (PW4) was about 9 years of age on the date of occurrence i.e. the intervening night of 15th and 16th September, 1996. The trial court judge, before recording her testimony, had asked preliminary questions for ascertaining and verifying whether Diksha (PW -4) was capable of logically answering questions put to her. PW -4 has deposed that on the fateful night, she had slept in the bedroom with her parents and her younger brother aged about five years. At about 3 A.M., PW -4 woke up upon hearing her mother's scream and cry. PW2 saw that someone was beating her father with a balli like weapon in his hand. There were in all four assailants in the bedroom. The intruders were taking out articles and keeping them in a bag which had been brought by them. They had also taken with them a small piano and money. One of the assailants had beaten her mother but she could not recollect the object with which her mother was beaten. The weapon balli with which her father was beaten was left behind. PW -4 was warned not to raise any alarm or she too would be killed. The four assailants escaped taking with them the looted articles. After the assailants had left, PW - 4 noticed that the locks of the lobby gate and the entrance gate were broken to make a forced entry. Diksha (PW4) had called her grandmother Krishna Devi (PW -10) on the telephone and informed her about the occurrence.