RAJ KUMAR SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) Criminal Appeal Nos. 671 of 2002 and 65 of 2002 are filed against common judgment of the Additional Sessions Judge dated 20.8.2001 in Sessions Case No. 297/1996 holding the appellants guilty of offence under Section 302 read with Section 34 IPC for committing the murder of Smt. Kiran Jain; as also for offence under Section 397 read with Section 34 IPC and for the offence under Section 323 read with Section 34 IPC. Further by his separate order dated 21.8.2001, the learned Judge sentenced the each of the appellants to undergo imprisonment for life under Section 302/34 IPC together with a fine of Rs.5,000/- and, in default, further simple imprisonment of one year. Both the appellants were also sentenced to rigorous imprisonment for seven years for offence under Section 397 read with Section 34 IPC as also a sentence of one year for the offence under Section 323/34 IPC. All the sentences were directed to run concurrently.

(2.) Brief facts of the case, as noted by the learned Additional Sessions Judge in the judgment under challenge, are :

(3.) The Prosecution, in order to establish its case, examined PW-1, Suresh Chand Jain, the injured complainant, who states that he along with his wife was residing at A-4, Gujarawalan Town, Phase-I, Delhi and on 5.7.1995 his nephew, Prashant Jain (PW-3), had come to visit them. He stayed overnight and slept in the adjoining room. At about 10.00 p.m. in the night, after locking the main gate of the kothi, he along with his wife went to sleep in their bed room at about 11.00 p.m. The door of the bed room was not bolted from within. At about 1.00 a.m. on 6.7.1995 he was woken up by a feeling of someone being in the room. Consequently, he saw accused Raj Kumar and Kundan Singh in the room. Accused Raj Kumar immediately bolted the door from within while accused Kundan Singh forced this witness on the floor. Raj Kumar stood beside him with knife. He thereafter he pushed this witness towards the wall while accused Kundan went over to his wife, Kiran Jain, and strangulated her on the bed. Raj Kumar joined Kundan Singh and struck Kiran with a fist blow as a result she fell unconscious. Raj Kumar and Kundan were previously known to this witness as both of them had worked as security guards of this witness. Thereafter Kundan threw the witness on the ground and Raj Kumar began hitting him with his fist and also tried to strangulate him. Apprehending that he would be killed, the witness pretended to have become unconscious. Kundan Singh took out keys from under the pillow and thereafter opened their almirah and took out cash and jewellery, both of silver and gold, and other articles. These articles were put into a gunny bag which was lying in the room and the accused escaped from the rear door. The witness goes on to say that he raised alarm, woke up Prashant Jain and dialed No.100 to the Police. He along with Prashant Jain raised alarm on which the patrolling Chowkidars, Ram Bahadur and Ram Singh Bahadur, apprehended the accused persons. In the meantime, Police arrived and took charge of the gunny bag as also the accused persons. The Police recorded his statement, Ex. PW-1/A, and his wife was removed to Sunder Lal Hospital by the Police vehicle. He goes on to state the names of the Chowkidars who apprehended the accused with gunny bag, as Ram Singh Bahadur and Ram Bahadur. Thereafter, the witness deposes in detail to the recovered articles which were then given to him on superdari. The articles were produced in court and identified and exhibited. He thereafter narrates the procedure that was adopted by the Police.