SUBEDAAR Vs. STATE OF DELHI

JUDGEMENT

(1.) The present appeal is the out come of the order of the learned Additional Sessions Judge dated 24th April, 2001 and order on sentence dated 2nd May, 2001 whereby the present appellant Subedaar was convicted under Sections 380/302, Indian Penal Code (hereinafter referred as IPC) and was consequently sentenced to undergo life imprisonment and fine of Rs. 3,000.00 in default rigorous imprisonment for three months for the offence under Sec. 302 Indian Penal Code and rigorous imprisonment for three years and fine of Rs. 1,000.00 in default rigorous imprisonment for one month under Sec. 380, IPC. Both the sentences were ordered to run concurrently.

(2.) Briefly narrated the prosecution story is that deceased Pyare Lal was earning his livelihood by ironing clothes near Government Dispensary in front of Satyam Cinema. The appellant was known to him from before. On 30th Feb., 1999 at about 8.30/9.00 p.m. appellant went to the house of deceased and boasted about his art of doubling the money in the presence of the deceased's family members. On getting convinced the deceased agreed to get his cash doubled by the appellant and fell for the bait as he needed the money for the purchase of a house. Deceased took his Rs. 40,000.00 lying in a small cloth bag to the first floor, where appellant was sitting. On the asking of the appellant, family members of the deceased left the room except complainant Suresh Kumar (PW 3). At about 10.00 a.m. appellant left and again came back on 14th Feb., 1999 at about 11.00 or 11.30 a.m. at the place of work of the deceased and took him away on the pretext that he would double his money. After about 30 minutes of deceased leaving the place of work with the appellant his children Kamlesh and Suresh Kumar went to see him in the house and saw the deceased and the appellant sitting together and the entire money lying in front of the appellant. They were instructed not to come back. When deceased did not come back after some time both the children again visited the house. They found the doors of the rooms at ground floor and first floor locked. At about 5.00 p.m. again both of them found both the doors locked. At about 6.30/7.00 p.m. when the children and wife of the deceased came back to the house they found both the rooms locked. They waited for the deceased for some time and thereafter broke the latches of the first floor room, opened the door and saw deceased lying on the floor covered with a blanket. They removed the blanket and found the deceased not breathing. PW Shanker Lai tried to revive the deceased but failed. Rs. 40,000.00 lying in the cloth bag were also found missing. First Information Report (FIR) was registered against the appellant. He was arrested and finally charge-sheeted under Sections 302/397 of IPC.

(3.) Learned Trial Court after considering the evidence of the prosecution prima facie framed the following charge against the appellant on 23rd Aug., 1999. CHARGE