STATE Vs. VIR PAL

JUDGEMENT

(1.) The present revision petition has been filed by the State assailing the impugned order dated 20.04.2018 passed by Addl. Sessions Judge in SC No.1468/16 arising out of FIR No.97/08, registered under Sections 302/460 IPC PS C.R. Park. Subsequently, charge-sheet was filed under Sections 302/411/460/34 IPC.

(2.) As per the prosecution case, the FIR was registered on 02.06.2008 on the statement of Sudhir Maheshwari who stated that on 01.06.2008, when he returned home, the main door of his house was open and his mother was found murdered. He stated that before going, he locked the main door of the house and the mother was present inside the house. The house was also ransacked and the articles including the mobile phone of the deceased were missing.

(3.) The investigation was carried; however, no clue could be found. On 14.09.2012 i.e. after a period of four years, the respondents along with third accused namely Shripal were arrested on suspicion of being involved in burglaries/house breaking and certain house breaking tools were recovered. The respondent confessed to their involvement in the present FIR. During investigation, two spectacles and a camera were recovered at the instance of Vir Pal/respondent no.1 and a tape recorder and two watches were recovered at the instance of Bijender @ Vishal/respondent no.2. On disclosure of respondent no.1 and 2, co-accused Shripal was also arrested. Three silver coins were recovered at the instance of the third accused Shripal. The seized articles were identified by the complainant in the TIP proceedings on 06.11.2012. The charge-sheet was filed against the present respondents under Section 302/460/34 IPC and against Shripal for the commission of offence under Section 411 IPC. Accused Shripal is stated to have expired.