KULDEEP SINGH Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition under Section 397 read with Section 482 of the Code of Criminal Procedure, 1973 (for short the Code) is directed against the order of the learned Additional Sessions Judge, New Delhi, dated 25th May, 1998, whereby charge under Sections 302/460/380/411 read with 34, Indian Penal Code was framed against the petitioner and the other two co-accused.

(2.) On 26th December, 1997, vide DD No. 13, information about commission of theft at B-69, Paschimi Marg, Vasant Vihar, New Delhi was received at Vasant Vihar Police Station. When the police party reached the said premises, dead body of the deceased, Mrs. Sushma Gulati, was found in her bed room on the first floor and the house was found to be ransacked; at the said premises one Ram Kumar, who was working as Manager of the deceased's concern, namely, M/s. Maharaja Exports, was available, who stated that the deceased had left her factory at B-225, Naraina Industrial Area, New Delhi, at 7.30 p.m. on 24th December, 1997 for her residence; on 26th December, 1997 around 8.15 a.m., when he rang up the residence of the deceased and did not get any response, came to her residence at about 9.45 a.m. when he found that the main gate of the house was open and the deceased was lying dead in her bed room; on seeing the same he informed Shri Baldev Kishan, Advocate, who in turn informed the PCR and relatives of the deceased about the incident. On the basis of the said statement FIR No. 563/97 was registered under Sections 302/460/380/411/34, Indian Penal Code. The petitioner along with the two co-accused namely, Om Prakash and Ram Singh, were arrested on 1st January, 1998. On completion of investigations, challan was filed against the petitioner and the said two co-accused. According to the charge sheet the petitioner had worked in the factory of the deceased during November, 1997 for about 15 days; on 23rd December, 1997 the petitioner along with the said co-accused had planned to commit theft in the house of the deceased; in the evening of 24th December, 1997 when the deceased returned from her factory, accused Om Prakash and Ram Singh gained entry in her house by scaling the wall but the petitioner did not go with them inside and remained outside the house; after sneaking in they waited for the deceased to sleep; thinking that she had slept the said accused tried to steal the articles when the deceased woke up and on coming to know about this, they strangulated her and also smothered her with the help of her pillow. After committing the murder the petitioner was also called in the house by the said accused and they all committed theft in the house and took away her jewellery, camera etc. The case property (jewellery and other articles) is alleged to have been recovered at the instance of the petitioner and other co-accused from their Jhuggis. As per the post mortem report the cause of death was asphyxia, as a result of strangulation associated with smothering with some soft object like pillow.

(3.) On the basis of the material placed before it, the Trial Court came to the conclusion that a prima facie case was made out against all the three accused under Sections 302/460/380/411/34, Indian Penal Code as the petitioner had shared the common intention with his co-accused to commit crime; his complicity in the crime was reflected in the thumb impression found on the tin box in the bed room of the deceased; there was also recovery of gold ornaments in pursuance of the disclosure statement made by the petitioner. It is observed that though initially the common intention of all the three accused persons was to commit theft in the house of the deceased but when they were in the process of committing theft in her bed room, unfortunately, the deceased woke up and accused Om Prakash and Ram Singh killed her by smothering her with the help of her pillow. Accordingly, the charges were framed against the petitioner and the other two accused under the aforementioned Sections. Against this order the petitioner has come up in revision, seeking quashing of the order.