RAOJI RAJU Vs. STATE DELHI ADMN

JUDGEMENT

(1.) The appellants are aggrieved of the orders dated 27th of September, 1985 by which the learned Additional Sessions Judge, Delhi, has convicted them under sections 302/34 and section 381/34, Indian Penal Code. After convicting them for the afore-mentioned offences, the learned Sessions Judge by his sentencing order of even date directed them to undergo life imprisonment under sections 302/34, I.P.C. They have also been sentenced to undergo rigorous imprisonment for 3 years and to the payment of fine of Rs. 300/ - each, under sections 381/34, I.P.C. In default of payment of fine each one of the appellants has been sentenced to rigorous imprisonment for 3 months. The appellants were, however, acquitted of the charge under sections 404/34, I.P.C.

(2.) The date of incident in this case is the night intervening lst/211 of January, 1984. The place of incident is house No. 406-B, Ajmeri Gate Bazar, Delhi, where the deceased Sheila Devi was residing with her husband, named, Munshi Ram, an astrologer by profession, who prior to the date of incident was struck by paralysis. The couple was being served by appellants who are husband and wife respectively. They had been engaged for this purpose by Bharat Bhushan, son of Munshi Ram. The appellants had met Bharat Bhushan at Mt. Abu in Bharati Hotel in the year 1982 where he had gone for a honeymoon. At that time Munshi Ram and his deceased wife Sheila Devi W.re residing with their sons at house No. A-1/7, Rajouri Garden. In the month of May/June, 1983 the appellants are said to have contacted Bharat Bhushan at Delhi and thereafter they were engaged to serve the deceased and Munshi Ram, her husband. The deceased and her husband Munshi Ram had shifted to the house at Ajmeri Gate where the incident took place in the month of July, 1983.

(3.) Munshi Ram had three daughters and three sons. His three sons were residing in the house at Rajouri Garden while two of his married daughters Smt. Shashi and Smt. Madhu Gautam lived at two different places in Delhi. The third daughter Smt. Adesh Sharma, a divorced, was Jaipur based, but her daughter Kumari Suruchi was putting up in the hostel of Mother International School at Delhi. The deceased was her local guardian. It is stated that during vacations Km. Suruchi had come to stay with the deceased and on 1st of January, 1984 the deceased had gone to drop Suruchi at her hostel. It is also alleged that the deceased Smt. Sheila Devi had then returned at about 7.45 p.m. On 1st of January, 1984 Kanhaiya Lal one of the sons-in-law of the deceased had come to see the old couple in the evening.