DALJEET SINGH BHANDARI Vs. STATE OF UP

JUDGEMENT

(1.) This appeal, preferred under section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.) is directed against judgment and order dated 12.08.1999 passed by learned Sessions Judge, Almora in Sessions Trial No. 36 of 1994, whereby the accused/appellant Daljeet Singh Bhandari has been convicted under section 302, 412 of Indian Penal Court, 1860 (for short IPC). The convict has been sentenced to imprisonment for life under section 302 IPC. He has been further sentenced to undergo rigorous imprisonment for the period of 10 years under section 412 IPC.

(2.) Heard learned Amicus Curiae for the appellant and learned A.G.A. for the State/respondent, and perused the lower court record.

(3.) It is a case of DOUBLE MURDER. Prosecution story, in brief, is that Bhagirathi Devi and her youngest son Ravindra alias Chhotu (both deceased) used to live in village Tatik in district Almora. PW3 Balwant Singh (husband of Bhagirathi Devi and father of the Ravindra alias Chhotu) was serving in Indian Army, and posted at Bareilly. His three children were studying in Almora. In November, 1993, PW3 Balwant Singh had come for about a week to meet his children. He had brought some jewellery for his wife, and left it with her. Also, he gave some money for her monthly expenses. He left Almora on 18.11.1993. PW1 Smt. Govindi Devi, who had common cowshed with Bhagirathi Devi, on 23.11.1993 went in the morning to the cowshed to take out her cattle for grazing. At that time, she called out Bhagirathi Devi, who used to live in the first floor of the cowshed, but nobody responded. On this, PW1 Godvindi Devi took her cattle and after grazing them came back. In the afternoon again, she called out Bhagirathi Devi (deceased), but once again there was no response from the first floor. On this she informed the other villagers as to the fact that nobody was responding from the house of Bhagirathi Devi. Thereafter, the villagers namely Narain Singh, Hari Singh, Veer Singh and Kesar Singh went inside the house of Bhagirathi Devi, and saw that not only Bhagirathi Devi but also her youngest son Ravindra alias Chhotu had been killed and lying dead. Three villagers namely Devendra Singh, Balwant Singh and Kundan Singh went to Almora to inform the Village Pradhan (PW2 Mohan Singh), who used to live there, about the murder of the mother and son, in the village. On receiving the said information, PW2 Mohan Singh, Village Pradhan, lodged first information report (exhibit A-1) at police station Kotwali, Almora on 23.11.1993 at about 21.20 hours. On the basis of said report, crime No. 648/1993 was registered against unknown persons relating to offence punishable under section 460 IPC, and check report (exhibit A-9) was prepared at the police station and necessary entry was made in General Diary (exhibit A-9/1). The investigation was taken up by PW7 Sub Inspector J.P. Bansala. He along with necessary force, went to village Tatik and took both the dead bodies in possession and prepared inquest reports (exhibit A-2 and exhibit A-3). After sealing the dead bodies and preparing other necessary papers, the dead bodies were sent for post mortem examination. PW6 Dr. N. S. Jangpangi conducted post mortem examination on two dead bodies on 24.11.1993. He recorded three incised wounds and one lacerated wound on the dead body of Ravindra alias Chhotu, and three incised wounds and two abraded contusions on the dead body of Bhagirathi Devi. The medical officer prepared autopsy reports (exhibit A-7 and exhibit A-8). He opined that both have died due to shock and haemorrhage, as a result of ante mortem injuries. During investigation, the Investigating Officer came to know of the fact that accused appellant Daljeet Singh Bhanadari had made a extra judicial confession to PW4 Deewan Singh, Home Guard, and PW5 Soban Singh. Report exhibit A-4 was got submitted by PW5 Soban Singh through PW2 Mohan Singh to the police about the said extra judicial confession made on 11.02.1994. On this, the Investigating Officer made prayer to Chief Judicial Magistrate, for police remand of accused Daljeet Singh, who was already in jail since 17.01.1994 (in connection with case relating to the Narcotic Drugs and Psychotropic Substances Act, 1985). During interrogation, accused/appellant Daljeet Singh disclosed that he can get recovered the looted jewellery, which he had robbed from the house of Bhagirathi (deceased). On 19.02.1994, on the pointing out of accused Daljeet Singh Bhandari recovery of looted jewellery was made and recovery memo (exhibit A-6) was prepared by the police, which was signed not only by the witnesses but also by accused appellant Daljeet Singh Bhandari. After completing the investigation, the Investigating Officer submitted chargesheet against accused Daljeet Singh for his trial in respect of offence punishable under section 460, 412 IPC.