SANJAY ALIAS SONESH DASS Vs. STATE OF DELHI

JUDGEMENT

(1.) IN this appeal the appellant questions the correctness of judgment dated 9th January, 2001 and the order on sentence dated 10th January, 2001 passed by the learned Additional Sessions Judge whereby he was convicted for having committed the offences of murder, attempt to murder and robbery and was sentenced to life imprisonment under Section 302 IPC, seven years rigorous imprisonment under Section 307 IPC and seven years rigorous imprisonment under section 394 IPC. Fine was also imposed on each count with a default stipulation. The substantive sentences of imprisonment were ordered to run concurrently.

(2.) THE facts of the prosecution case may first be noticed. PW-5 Dwarka nath Khanna, aged about 73 years, was living with his wife Smt. Kamla Khanna in house number R-545, Rajinder Nagar, New Delhi. They had a son (PW-6 Vipin khanna) who was settled in London and a daughter who was married. They had employed one domestic servant Ram @ Vishu. The appellant Sanjay, who was also working as a domestic servant in the same locality in the house of PW-4 Smt. Sneh Chopra, was known to Khannas" servant Ram @ Vishu and he used to visit ram. It appears that Ram had left the service of Khannas some days before the incident and then they had employed one maid servant Jayanti, who was related to the maid servant of Khannas" grand daughter who was also living in the neighbourhood of Khannas. Appellant Sanjay knew Jayanti. It appears that within few days of her employment in the house of Khannas Jayanti and appellant Sanjay, both of whom were new recruits in the locality, decided to make quick money. They found Khannas to be an easy and convenient prey for being robbed as they were living alone and chose the night of 17th March, 1999 for accomplishing their mission. One Mahesh also joined them in their mission. Appellant and that mahesh were to do the actual job of robbery in the house of Khannas and their maid servant Jayanti was to facilitate their hindrance free entry into the house of Khannas. As per the case of the prosecution these persons did accomplish their mission on the night of 17th March, 1999 and committed robbery in the house of Khannas. Not only that, while committing robbery Smt. Kamla khanna was gagged and strangulated resulting in her death and her husband dwarka Nath Khanna was also brutally beaten.

(3.) IT was further case of the prosecution that Khannas" maid Jayanti in order to ward off the possibility of police straightaway suspecting her involvement also in the incident acted smart after the incident. She immediately went crying to the house of the grand-daughter of the old couple (PW-8 Suparna Malhotra) who was also living in Rajinder Nagar and informed her that somebody had killed her grand-mother (naani ). PW-8 then rushed to the house of her grand-parents and saw that her grand-mother was lying on the floor and a blood stained knife near her was also noticed on the floor. Her grand-father (PW-5) was found in injured condition with blood all over his face and was breathing. House-hold articles were lying scattered. Suparna Malhotra telephoned the police and also informed her uncle PW-10 Ravi Ahuja about the incident. He came there and took Dwarka Nath Khanna to Ganga Ram Hospital. PCR Van which had also reached the spot took Smt. Kamla Khanna to RML Hospital where she was declared as brought dead. Local police on being informed of the incident swung into action. The case was initially entrusted to PW-24 Sub-Inspector Rameshwar parsad. He went to Ganga Ram Hospital where the injured Dwarka Nath Khanna was found admitted but was not fit to make any statement. At the time of his medical examination injuries were noticed on his person which were opined to be grievous in nature.