(1.) Instant appeal is arising out of the Judgment Dated 24.05.2017 and Order on Sentence Dated 29.05.2017 wherein the accused was convicted under Section 302, 404, 380 and 201 IPC. Accused was sentenced under Section 302 IPC to undergo imprisonment for life and to pay fine of Rs. 10,000/-, in default of payment of fine, the convict is further sentenced to undergo rigorous imprisonment for a period of six months. Accused was sentenced under Section 404 IPC to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 3,000/-, in default of payment of fine, the convict was further sentenced to undergo rigorous imprisonment for a period of one month. Accused was sentenced under Section 380 IPC to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 5,000/-, in default of payment of fine, the convict was further sentenced to undergo rigorous imprisonment for a period of three months. Accused was sentenced under Section 201 IPC to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 5,000/-, in default of payment of fine, the convict was further sentenced to undergo rigorous imprisonment for a period of three months.
(2.) Brief facts stated are that on receiving DD No. 28A Ex.PW4/A on 29.07.2011 at PS Hari Nagar, ASI Surender alongwith Ct. Mahesh reached at House No. WZ-74 A Ist Floor, Meenakshi Garden, Hari Nagar, Delhi where they met Harpreet Singh (PW1) and found the dead body of an old lady lying in pool of blood in main lobby of first floor of the house. There were injury marks caused by sharp edged weapon on back, near neck and on the hands of the deceased and blood smeared footprints were also found there. The statement of Mr. Harpreet Singh Ex.PW1/A, who is son-in-law of the deceased, was recorded. An amount of Rs. 50,000/- and two gold bangles from the hand of deceased were found to be missing. Crime team and photographer were called and they inspected the spot vide crime scene report Ex.PW7/A. Meanwhile, rukka Ex.PW20/A was sent through HC Arun Kumar. Consequentially, FIR No. 339/2011 Ex.PW4/D was got registered under Section 397 and 302 IPC. Further investigation was handed over to I.O. Insp. M.L. Meena. Dead body of the deceased was sent to Mortuary, DDU Hospital for post mortem. Post mortem of the dead body of Smt. Pavitra Kaur was got conducted on 30.07.2011 in DDU Hospital vide post mortem report Ex.PW19/A. Exhibits such as snapped lock and hook, blood stains from the spot, blood stain from kitchen, blood stain from door knob of toilet and a pair of slipper were seized vide seizure memo Ex.PW1/B, Ex.PW1/C, Ex.PW1/D, Ex.PW1/E and Ex.PW1/F which were deposited with MHC(M) vide serial no. 3318 Ex.PW3/A and samples were sent to CFSL. I.O. prepared rough site plan Ex.PW26/A. During investigation name of the accused came up as a suspect after statement of the witnesses under Section 161 Cr.P.C. were recorded alongwith the statement of one Smt. Narinder Kaur. Consequentially, the mobile phone No. 9779209597 of the suspect was searched out. I.O. Insp. M.L. Meena alongwith S.I. Rajkumar, Ct. Ramchander, Ct. Ajay and Ct. Sandeep, etc left for Patiala, Punjab but could not locate the accused at the designated place where his Cell ID location was showing. Thereafter, with the help of and on the pointing out of secret informer, the accused Amarjeet Singh @ Raju @ Wadhwa was apprehended on 02.08.2011 at Anardana Chowk, Patiala. He made a disclosure after which he was arrested on 02.08.2011 vide arrest memo Ex.PW13/A and his personal search was conducted vide personal search memo Ex.PW13/B. The disclosure statement is Ex.PW13/C. In pursuance to the said disclosure statement, accused Amarjeet Singh got recovered two gold bangles which were seized vide seizure memo Ex.PW13/E and also got recovered 60 currency notes of Rs. 500 each (Rs. 30,000/-) out of robbed amount which were seized vide seizure memo Ex.PW13/D. He got recovered cosmetic items worth Rs. 20,000/- which were seized vide seizure memo Ex.PW13/F. Accused was brought back to Delhi and the case property was deposited with MHC(M) vide Ex.PW3/B and accused was produced in the court and police sought 3 days police custody remand and got the same. In pursuance to disclosure statement, the accused on 04.08.2011 was again taken to Patiala for the recovery of the weapon of offence i.e., knife, musli (pestle) and blood stained t-shirt which accused disclosed to have thrown in Bakhra Nehar, Khedi Gadiya. He further disclosed the fact of throwing away the shoes, socks and the T-shirt in Bhakhra Canal Kheri Gadiya Pul, Punjab vide pointing out memo Ex.PW13/H and Ex.PW13/I. Accused also disclosed about one brown colour pant and white colour vest which he was wearing at the time of commission of the crime, and was kept at his house in Patiala. Same were recovered having blood stains, despite accused having them washed. Both the articles were seized vide seizure memo Ex.PW13/G and deposited with MHC(M) vide serial no. 3337 Ex.PW3/D. On bringing the accused back to Delhi, I.O. moved an application for recording of confessional statement of accused under Section 164 of Cr.P.C. on 05.08.2011. Same was adjourned to 08.08.2011 and accused was sent to Judicial Custody and was further adjourned to 12.08.2011. Subsequently, on 16.08.2011, his confessional statement was recorded by Ld. Metropolitan Magistrate Ms. Vandana Jain (PW24). Vide Ex.PW24/B and after the completion of the investigation chargesheet was filed. Ld. MM after complying with Section 207 Cr.P.C., sent the case for trial.
(3.) Mr. K. Singhal has argued that the impugned judgment is not legally sustainable and further submitted that the court below- while convicting the appellant, overlooked the evidence appearing on record. He submits that the present case is based on circumstantial evidence. There is no last seen evidence; no weapon of offence was recovered, and; the confessional statement, as such, is a weak piece of evidence as it has been retracted subsequently in the statement recorded under Section 313 Cr.P.C. Also, that recovery of blood stained Pant and vest and recovery of two gold bangles and Rs. 30,000/- cannot be relied upon for want of identification of the case property. Therefore, these evidences fail to connect the accused to the crime. He further pointed out that prosecution has failed to examine Smt. Narinder Kaur and the CDR of the accused does not connect the appellant to the crime in any manner.