RAJ SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) Criminal Appeal No.570 of 2003 seeks to challenge the judgment dated 30.04.2003 in Sessions Case No.50 of 1999, F.I.R. No.259 of 1999, Police Station Nangloi, whereby the learned Judge has convicted the appellant under Section 302/392/394 IPC. Further by a separate order dated 15.05.2003, the appellant was sentenced to undergo imprisonment for life together with fine of Rs.10,000/- (rupees ten thousand) and in default of payment of fine to further undergo simple imprisonment for one year under Section 302 IPC. Under Section 392 IPC, he was sentenced to rigorous imprisonment for three months. He was sentenced to undergo rigorous imprisonment for seven years with a fine of Rs.3,000/- (rupees three thousand) and in default of payment of fine to further undergo simple imprisonment for three months under Section 394 IPC. All the sentences were directed to run concurrently and the accused was entitled to benefit of Section 428 Cr.P.C.

(2.) Brief facts of the case as noted by Additional Sessions Judge are as follows :-

(3.) The Prosecution in order to prove its case examined 26 witnesses, of which PW-4, Rajbir Singh is the brother of the deceased. He deposes to the effect that he had come to stay with his brother fifteen days prior to the incident and on 10.03.1999 at about 8.30 p.m. he was going towards Shahdara to meet his friend when at a distance of about fifty yards from his brother's house he met Raj Singh, accused, who inquired from his as to whether his brother, Ramesh Chand was at home. Rajbir informed Raj Singh that his brother along with his family was present at home. On hearing this Raj Singh trudged along towards the house of his brother, while the witness proceeded towards Shahdara. On 11.03.1999, Rajbir returned to the house of his brother at around 4.00 p.m. and was informed that his brother, his brother's wife and their two daughters had been killed. On checking the house he found, Rs.16,000/- (rupees sixteen thousand), in cash and various ornaments, which included, four gold bangles, two gold chains, one pair of Jhumka, one pair of earrings, two gold rings, a pair of silver payal etc. were missing. Rajbir suspected that the crime had been committed by Raj Singh and informed the Police accordingly. He then accompanied the Police Party to the residence of Raj Singh at Prem Nagar. Raj Singh was not present at his residence nor could the father of Raj Singh give a satisfactory explanation about his whereabouts. On 14.03.199, Rajbir joined the Police Party in search of Raj Singh and proceeded to village Sarsan, District Sonepat, Haryana. In the house of Ram Phal, Raj Singh was found lying on a cot. He was overpowered and under his pillow a sum of Rs.4,300/- (rupees four thousand three hundred) in the form of eighty six currency notes, in the denomination of Rs.50/- (rupees fifty) each, a gold chain, a nose pin, three gold rings, a pair of gold jhumka, a pair of earrings, a silver locket with a figure of a bird carved in green colour and some tablets of Diazapam were found. These articles were lying in a pouch. The articles were identified by this witness to be those belonging to his sister-in-law. The articles were taken into possession vide Exhibit PW-4/B andsealed with the seal of SSR. This witness goes on to say that he had accompanied the Police Team to the house of the accused, from where he had got recovered silver jewelery from the roof of the house opposite his. He also deposes that from the house of Rajbir his blood stained clothes, namely a vest, a shirt and a trouser were taken into possession.