HARISH CHANDER Vs. STATE OF DELHI

JUDGEMENT

(1.) Appellant No. 1 Harish Chander and appellant No.2 Chander Kanta alias Prem Kanta, had preferred this appeal assailing the judgment dated 25.11.1992 and order of sentence dated 30.11.1992, passed by then Additional Sessions Judge Shri J.B. Goel in SC No. 185/1985 convicting them under Section 302 read with Section 34 IPC and sentencing both of them to life imprisonment and payment of a sum of Rs. 2,000/- as fine and in default thereof, further RI for two years. The Trial Court held that there was no evidence of participation of accused Satish Chand, brother of Harish Chander in the crime and the charge against him had not been proved. He was accordingly acquitted of the charge under Sections 302/34 IPC. The present appeal filed by the appellants was admitted to hearing on 15. 12.1992. The sentence of the appellants was suspended pending the decision of the appeal vide order dated 4.8.1993 on furnishing bail bond in the sum of Rs. 5,000/- with one surety of the like amount.

(2.) On 23.3.2006, the Court was informed by the counsel for the appellant that appellant No. 1 Harish Chander had expired on 7.3.1999 and accordingly the appeal preferred by him stood abated and Chander Kanta alias Prem Kanta, appellant No.2 became the sole appellant. Chander Kanta had not appeared pursuant to the bailable warrants issued and as such, non-bailable warrants were issued. Chander Kanta was arrested and taken in judicial custody and was thereafter, again admitted to bail vide order dated 23.2.2006. The appeal was heard on 24th, 25th and 31st January, 2007 and judgment reserved.

(3.) The prosecution case in brief is that the appellant Chander Kanta alias Prem Kanta and her son Harish Chander had on 31.5.1985, committed the murder of Chanchal Rani alias Poonam Devi, wife of Harish Chander by setting her on fire. Harish Chander was married to Chanchal Rani alias Poonam Devi in the year 1982 and was living in the matrimonial house on the second floor room at 2661, Gali Anar, Kinari Bazar, Delhi. The parents of Harish Chander, i.e., his mother, father and brother were living on the first floor. Chanchal Rani was found burnt and lying dead at about 7.00 a.m. in the morning on her bed in the second floor. Her clothes were also burnt. Information was given by someone to PCR, who conveyed the same to the concerned Police Station resulting in recording of a DD entry. The parents of the deceased had reached and lodged a report.