BHANU SHAHA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This judgment shall dispose of Criminal Appeal Nos.474 of 2003 and 187 of 2004 filed by two appellants, Bhanu Shaha and Karan Bahadur Shaha, against the judgment dated 09.04.2003 passed by learned Additional Sessions Judge, Delhi in Sessions Case No.47/2001 in respect of F.I.R. No.99/99 registered at Police Station Welcome whereby both of them have been convicted under Sections 392/397/34 IPC and also under Section 302/34 IPC. They have also challenged the order dated 10.04.2003 whereby both of them have been awarded life imprisonment for the offence of murder with a fine of Rs.1,000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of six months each under Section 302 IPC. The appellants were further sentenced to undergo Rigorous Imprisonment for seven years and also to pay a fine of Rs.1,000/- in respect of their conviction under Sections 392/397/34 IPC. The substantive sentences were directed to run concurrently.

(2.) The prosecution case is that in the early morning of 30.05.1999, the two appellants were going in a three wheeler scooter No.DBR-7631 and when they reached near Dwarka Mandir at G.T. Road, which was within the jurisdiction of Police Station Welcome, PW-4 HC Mulakh Raj who was on vehicle checking duty from 4 a.m. to 7 a.m., stopped that three wheeler scooter, which was being driven by PW-19 Rambir, and Head Constable Mulakh Raj, PW-4, noticed that the two appellants were sitting in that scooter as passengers and were having a bag each in their hands. When they were asked about the contents of the bags they became perplexed. In the meantime two other policemen came there who told HC Mulakh Raj that they had signalled the TSR driver to stop at Kanti Nagar but it was not stopped. Then the two bags being held by the appellants were opened. The bag in the hand of appellant Karan Bahadur was found to contain Rs.3 lacs in cash while the bag which appellant Bhanu Shaha was holding was found to contain cash amount of Rs.1,93,083/-. In the meantime the SHO of that area (PW-16) who was on patrolling duty at that time also reached there along with the other policemen. HC Mulakh Raj informed the SHO about the huge amount of cash in the two bags of the appellants and their failure to give any satisfactory explanation about that much of cash with them. The two appellants and the TSR driver were handed over to the SHO. The currency notes were seized. Both the appellants during their interrogation by the SHO at that time disclosed that the amount recovered from them had been robbed by them from a factory in West Gorakhpur after killing the Supervisor of that factory and they could point out that factory and get recovered the iron rods with which they had broken the locks of the table drawer. Both the appellants were then arrested and from the personal search of appellant Karan Thapa one visiting card (Ex.PW-25) of Ashok Kumar on which address of 10043, Gali No.3, West Gorakhpur was printed was recovered. The personal search memo showing that recovery of the visiting card is Ex. PW-4/F. Pursuant to that information, the appellants took the police men to a factory at property bearing No.10043, Gali No.3, West Gorakhpur, Delhi, which was the address printed on the visiting card recovered from the bag of appellant Bhanu Shaha. Inside that factory, dead body of one Mahavir Prasad was lying on a folding bed. The appellants allegedly also pointed out the drawers of a table from where they had looted the cash amount. SHO then recorded the statement of HC Mulakh Raj and sent a ruqqa to the police station for registration of an FIR under Sections 392/394/302/412/34 IPC and on that basis FIR No. 99/99 was recorded. From that place two steel glasses which were lying near the dead body of the deceased were seized and as per the prosecution case finger prints of the appellants were found on the same. Information about the recovery of the dead body of Mahavir Prasad reached PW-3 Vikas Gupta, an employee in that factory of PW-2 Ashok Kumar Gupta who was not in town that day, and PW-1 Anil Adnani, a friend of the deceased. They came to the factory and identified the dead body to be that of Mahavir Prasad who was employed in that factory as a Supervisor. The owner of the factory, who at that time was not in Delhi on reaching Delhi on the next day claimed that Rs.10 lacs had been stolen from his factory. He also claimed that appellant Karan Bahadur was employed by him as a chowkidar in his factory.

(3.) On completion of the usual investigation, both the appellants were charge-sheeted. Learned Additional Sessions Judge framed charges against both the appellants under Sections 392 read with Section 34 IPC, Section 302 IPC read with Section 34 IPC, Section 397 read with Section 34 IPC and also under Section 120-B IPC.