BADOL FARAZI Vs. THE STATE

JUDGEMENT

(1.) Convicted for offences punishable under Ss. 392/397/302 IPC vide impugned judgment dated July 21, 2015 and sentenced for imprisonment for life for offence punishable under Sec. 302 IPC, rigorous imprisonment for a period of 10 years for offence punishable under Sec. 397 IPC and rigorous imprisonment for a period of 05 years for offence punishable under Sec. 392 IPC vide order dated August 22, 2015 Badol Farazi challenges the same inter alia on the ground that when the alleged offences were committed, he was not in India and thus he could not have committed the offences which fact was apparent from his passport which was duly seized. We may note that vide impugned judgment Sanjay Maiti has also been convicted for offence punishable under Sec. 411 IPC for the reason gold chain of the deceased was recovered from his possession and sentenced to undergo simple imprisonment for a period of one year. There being no appeal from Sanjay Maiti, we are only concerned with the appeal of Badol Farazi.

(2.) Process of law was set into motion on receipt of DD No. 4A at 9.05 AM on May 06, 2008 at PS Amar Colony through the PCR exhibited as Ex.PW -17/A informing that a lady was staying alone at C -13, Dayanand Colony and was not opening the door of the house. On receipt of Ex.PW - 17/A, Inspector Manoj Kumar, PW -27 along with Constable Sanjay PW -16 reached the spot and found the dead body of a female lying on the floor which was identified to be that of Smt. Nirmal Madaan by her grandson Manav @ Sunny Madaan, PW -5. Statement of Manav Ex.PW -5/A was recorded by SI Ram Jeet Singh, PW -17 on which FIR was registered.

(3.) Manav stated that he was residing on the second floor of House No.C - 13, Dayanand Colony, Lajpat Nagar -IV; on the first floor his paternal aunt Smt. Madhu Madaan was residing whereas his grandmother Smt. Nirmal Madaan aged about 71 years was residing on the ground floor. On that day i.e. May 06, 2008 when he was sleeping in his room, around 8.45 AM Mukesh s/o Krishan Nandan Singh, who used to work with his grandmother, came and stated that his grandmother had not opened the shop and thus called him downstairs. Manav and Mukesh went and knocked the door of his grandmother's floor however, nobody opened the door. They went to the rear where they found the door of rear portion open thus they made a call to the police. After the police reached, he jumped over the grill on the rear portion. Manav found his grandmother lying near the bed in a pool of blood. She had knife injuries on her hands and in her mouth broken portion of the knife was stuck. One almirah was found open and belongings ransacked. Manav also stated that his grandmother had kept a boy namely Badal, aged around 20 years, slim body, wheatish complexion, 5.5 ft. in height, as domestic servant, who used to work in STD booth as well and used to sleep at the residence. Badal was missing from the house. Thus he suspected Badal for having committed the murder of his grandmother and robbing valuable articles. Besides the earth control, handle of knife lying at the spot along with the jeans pant and a belt lying in the backyard of the house purportedly belonging to Badal which had blood stains were seized.