SAMEER Vs. STATE

JUDGEMENT

(1.) This common judgment shall decide the above noted Criminal Appeals preferred by the appellants, namely Imran @ Murgi Chor (hereinafter referred to as 'A-1') and Sameer (hereinafter referred to as 'A-2') under Sec. 378 of the Code of Criminal Procedure, 1973 ['Cr.P.C.'] assailing the impugned Judgment dtd. 8/5/2019 passed by the learned Additional Sessions Judge-05, East District, Karkardooma Courts, Delhi (hereinafter referred as the Trial Court). By the impugned judgment, both the appellants have been held guilty of committing offences of robbery and murder of Smt. Anna Mammen wife of late Mr. T. Mammen, pursuant to hatching a conspiracy and have been convicted under Sec. 120-B of the Indian Penal Code, 1860 ['IPC'] besides Sec. 302 IPC read with Sec. 120-B IPC and Sec. 392 IPC read with Sec. 120-B IPC. The appellants have also been held guilty of being found in possession of the stolen property which was derived from the robbery and have been convicted for committing offences punishable under Sec. 411 IPC.

(2.) The appellants further assail the impugned order on sentence dtd. 15/5/2019 passed by the learned Trial Court, whereby both the appellants have been sentenced to undergo imprisonment for life with a fine of Rs.4,000.00 each for the offence punishable under Sec. 120-B IPC and in default of payment of fine, to undergo Simple Imprisonment for a period of one month; and to undergo imprisonment for life with fine of Rs.10,000.00 each for the offence punishable under Sec. 302 IPC read with Sec. 120-B IPC and in default of payment of fine, to undergo Simple Imprisonment for a period of two months; and further to undergo Rigorous Imprisonment for a period of five years with a fine of Rs.4,000.00 each for the offence punishable under Sec. 392 IPC read with Sec. 120-B IPC and in default of payment of fine, to undergo Simple Imprisonment for a period of one month; and lastly to further undergo Rigorous Imprisonment for a period of three years with a fine of Rs.4,000.00 each for the offence punishable under Sec. 411 IPC and in default of payment of fine, to undergo Simple Imprisonment for a period of one month. Both the convicts have been accorded benefit under Sec. 428 Cr.P.C. and all the sentences have been ordered to run concurrently.

(3.) The prosecution case is that on 8/3/2011 a PCR 'Police Control Room' call was received, which was recorded vide DD 'Daily Diary' No. 20-A Ex.PW-5/A regarding murder of a lady at House No. C-12, Vivek Vihar, infront of B-Block Market, Delhi, hereinafter described as the place of occurrence. The investigation was marked to SI Manu Kumar (PW-24) and Ct. Mahender Singh (PW-26) who reached at the spot, where they were joined by Inspector Jarnail Singh (PW-30) and they found the dead body of a lady aged around 78 years old, in her bedroom on the ground floor of the house as shown in the scaled site plan Ex.PW-15/A, whose name was revealed as Smt. Anna Mammen wife of late Shri T. Mammen. On further investigation, a white colour wire Ex.P-1of a Juicer Mixer was found wrapped around the neck of the dead body and the almirahs and doors of all the rooms were found ajar. The jewellery boxes were found to be empty and all the articles in the house were found ransacked. While conducting on-the-spot investigation, the statement of one Mr. Vinay Lal @ Goldy (PW-7) Ex.PW-7/A, residing on the first floor of the same house was recorded, on the basis of which FIR 'First Information Report' No. 72/2011 Ex.PW-12/A was recorded at Police Station Vivek Vihar, Delhi at 20:15 Hours.