STATE Vs. CHOTEY LAL

JUDGEMENT

(1.) By our order dated March 19, 1999, for the reasons which were to follow, Criminal Appeal Nos. 452/98 (Pawan Kumar v. State of Delhi), No. 508/98 (Ashok Kumar Singh v. The State), No. 508/98 (Vimal Singh v. The Stale), and No. 73/99 (Chotey Lal v. The State) were accepted and conviction and .sentence of the appellants were set aside and the Murder Reference No. 4 of 1998 (State v. Chotey Lal & others) was answered accordingly. The appellants in the above appeals were directed to be released forthwith unless required in connection with any other case. By this order we give our reasons for not confirming the death sentence awarded to Pawan Kumar @ Shankar, Ashok Kumar Singh, Vimal Singh and Chotey Lal @ Shambhu by Shri H.P. Sharma, Additional Sessions Judge, Shahdara, Delhi, on September 25, 1998 in Sessions Case No. 336/94 under Section 302 Indian Penal Code in FIR No. 247/90, P.S. Trilok Puri, Delhi, and for accepting the appeals of the appellants against their convictions on various counts and the award of the sentences imposed on them as per the following details:-

(2.) By this order we shall also dispose of the connected Criminal Appeal No. 85/99 filed by Ramala who was convicted by the learned Additional Sessions Judge under Section 411 Indian Penal Code and sentenced to one year rigorous imprisonment and to pay a fine of Rs. 2,000.00 and in default to suffer rigorous imprisonment for three months.

(3.) The prosecution case is that Shri Ashok Kumar Gupta and his wife Smt. Asha were residing in Flat No. 291, Pocket E, Mayur Vihar Phase II, Delhi, with their son Deepanshu aged four years and the parents of Ashok Kumar Gupta, Shri Jai Prakash and Smt. Kamlawati. On June 2, 1990 Shri Ashok Kumar gupta and Smt. Asha, both bank employees left their flat for their respective offices around 9 A.M. leaving behind Shri Jai Prakash, Smt. Kamlawati and Deepanshu in the-flat. Around 10.30 A.M. accused Chotey Lal @ Shambhu, Pawan Kumar @ Shankar and Ashok Kumar singh, who had earlier executed a painting job in the flat No. 291, Pocket E, Mayur Vihar Phase II, as workers of one Rambir contractor, and Vimal, a relative of Ashok Kumar Singh, entered the said flat. They inflicted injuries on Shri Jai Prakash and strangled him. They also strangled Smt. Kamlawati and Master Deepanshu. At about 11.30 A.M. they came out of the flat No. 291 and locked the same from outside and decamped with the valuables removed from the flat. The factum of their entering the flat at 10.30 A.M., departing therefrom at 11.30 A.M. and locking it from outside, and then walking away with an attache case in Vimal's hand is said to have been noticed by Lakhinder Mehto, another worker engaged by Public Witness -22 Rambir for effecting repairs in Flat No. 292, a flat above Flat No. 291. In the evening at about 5.30 P.M. or 6.00 P.M both Shri Ashok Kumar Gupta and Smt. Asha returned from work and found the main wooden gate of their flat locked from outside. They thought that Jai Prakash, Kamlawati and Deepanshu must have gone to the park nearby. They searched them for about 2-1/2 hours but without any success. Thereafter, with the help of their neighbour Ishwar Chand resident of Flat No. 257, Pocket E, Mayur Vihar Phase II, they broke open the lock of their flat. On entering the flat they found the articles lying scattered. In one of the rooms they discovered the dead bodies of Shri Jai Prakash and Smt. Kamlawati. They found marks of injury on the abdomen, chest and neck of Shri Jai Prakash. They also found clothes tied around the necks of Shri Jai Prakash and Smt. Kamlawati. The bodies were found lying in a pool of blood. They also discovered the body of Deepanshu in the bath room. His neck was found to be tied with a plastic pipe. The matter was reported to Police Station Trilok Puri on June 2, 1990 at 11.45. whereupon an FIR No. 247 of 1990 was registered. The prosecution case is based upon the following circumstantial evidence :-