SHEKHAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) THESE appeals arise out of a judgment of conviction dated 20th July, 2004 under Sections 392/394/302/34 IPC and Section 411 IPC in FIR No. 390/2001 ps Mangol Puri, Delhi and sentence of imprisonment and fine to respective respondents by an order dated 24th July, 2004 as under :

(2.) THE substantive sentences of imprisonment under different heads are to run concurrently.

(3.) THE appellants together with three others were prosecuted on the allegations of committing dacoity and murder of one Raju at House No. G-394 mangol Puri, Delhi on the intervening night of 11/12th of May, 2001. Appellant sanjay @ Moni was apprehended by Constable Bodh Raj Singh and Constable parvinder Singh at D Block, Mangolpuri, Delhi immediately after commission of said dacoity and murder. At the relevant time both the said Constables were on patrolling duty. They noticed 6-7 boys coming from the side of E Block, who on being asked to stop started running away. On a chase, Constables Bodh Raj singh and Parvinder Singh succeeded in overpowering appellant Sanjay @ Moni. On his personal search two gold bangles and a cash amount of Rs. 1507/- were recovered from right pocket of his trouser. Possession thereof he could not explain satisfactorily. After sometime Inspector S. K. Saxena, SHO PS Mangol puri, Delhi accompanied by other police officials including Head Constable Ajay pal and Constable Shokinder Singh also reached there around 3. 15 am in the course of their night patrolling duty. Appellant Sanjay @ Moni was produced before Inspector S. K. Saxena with recovered gold bangles and the cash amount. On being subjected to interrogation, Sanjay @ Moni allegedly disclosed that a short while ago he and his associates had committed a dacoity in a house near G block latrines and that the gold bangles as also the cash were part of looted property. He allegedly further disclosed that in the course of dacoity, he and his associates had committed a murder also. Inspector S. K. Saxena was in the meantime joined by SI Vikram Singh who also happened to reach there. Appellant Sanjay @ Moni led the police officials to house No. G-394, Mangolpuri, delhi, which was found bolted from outside. On entering the house a dead body was found lying there. The house belonged to one Rohtas. At some distance there was residence of his brother Jagdish. Jagdish was called from his house. He confirmed that the house in question belonged to his elder brother Rohtas. Raju, deceased as told by him was brother-in-law of both the brothers as their respective wives were sisters. Rohtas was not at his house, as according to jagdish, he had gone to a nursing home to take care of his nephew who was admitted there. The wife and children of Rohtas were sleeping in the house of jagdish. The deceased Raju was alone there in the house when the incident took place. The dead body of Raju was found lying on the floor. There were multiple stab wounds on his person and a lot of blood was splattered on the floor. The almirah was found open and articles therein ransacked. The statement of Jagdish was reduced into writing on the basis of which a FIR was got registered. A disclosure by appellant Sanjay @ Moni led to recovery of a blood stained razor from a park nereby which was taken into possession by the police. This apart, the T-shirt, bearing blood stains, which appellant sanjay @ Moni was wearing at the time of his apprehension, was also seized and taken into possession by the police. On the disclosure of appellant Sanjay @ moni regarding his accomplices, appellants Shekhar and Sunil @ Pandit were arrested by the police on 16th May, 2001 and 24th May, 2001 respectively. Appellant Shekhar on his arrest made a disclosure and led to recovery of a pair of golden ear tops and an iron rod from his house on the day of his arrest. Similarly, appellant Sunil @ Pandit pursuant to a disclosure by him got an amount of Rs. 2,000/- and a golden chain recovered from his house.