PREETAM SINGH Vs. STATE

JUDGEMENT

(1.) The appellants in these two appeals have been convicted for offence punishable under Sections 302, 460 and 411 read with Section 34 Indian Penal Code for the murder of Sri Krishan Chaudhary (S.K.Chaudhary) and also for offence for house trespass etc. They have been sentenced to imprisonment for life for offence under Sections 460/302 Indian Penal Code and for offence under Section 411 for rigorous imprisonment for two years each. The appellant Lal Singh has further been sentenced to one year rigorous imprisonment under Section 25 of the Arms Act. Briefly, the prosecution's case is as under :

(2.) On 9th May 1989 S.K.Chaudhary was found lying in the bathroom of his house in a pool of blood with injuries on his neck and abdomen. It appeared that the injuries had been caused by sharp edged weapon. The F.I.R. was registered on the statement of the son of the deceased Vinit Krishan Chaudhary who, inter alia, stated that his father S.K.Chaudhary and mother Mrs.Ramesh Lata were residing at the house in question at Kashmiri Gate on the second floor and he was residing at a house in Punjabi Bagh. At the time of the incident his father was alone in the house because two days ago his mother had come to his house at Punjabi Bagh to meet him and his family. On 9th May, 1989 at about 10.30 A.M. someone informed him on telephone in his office that his father had been murdered; he rushed to the house of his father and found the dead body of his father lying in a pool of blood in the bathroom and blood was also spread outside the bathroom; the doors of the bed room were open and the articles of both the rooms scattered; he immediately informed the police that his father had been murdered with an intention to commit theft or dacoity. The police was told that he had not checked the goods and after checking the same he would inform the police regarding stolen articles. On this statement F.I.R. was registered and investigation commenced. The dead body of a dog was also found. Finger prints were also taken. Vinit Krishan Chaudhary told the police that one webley Scot revolver No.36545 mark 4.32, a pair of kangan weighing about two toles, pair of earrings weighing about half tola and Rs.34,000.00 in cash were stolen. The appellants were arrested on 24th July, 1989. On the pointing out of Lal Singh on 26th July 1989 the revolver, blood stained dagger and blood stained clothes were recovered from his residential room. On the same day, from the room of Pritam Singh, one watch having blood stains and blood stained shoes were recovered. On 3rd August, 1989 a pair of gold earrings handed over by Pritam Singh and a pair of Kangans handed over by Lal Singh for repair and polish to jeweller at Kinari Bazar shop were recovered which were later identified by Vinit Krishan Chaudhary. Blood stained shoes, clothes and dagger were sent to CFSL and also the finger and foot prints of the appellants. The same were also sent to Finger Print Bureau. The prosecution have proved the report of CFSL and Finger Print Bureau.

(3.) The prosecution has examined 19 witnesses. Three witnesses have examined by appellant Pritam Singh in defence. There is no eye witness of the incident. The case is based on the circumstantial evidence.