TEJASINGHBAHADUR JAISINGHATBAHADUR SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants, who stand convicted for offence punishable under Sections 120-B, 395 r/w 120-B, 396 r/w 120-B, 452 r/w 120-B, 460 r/w 120-B and 342 r/w 120-B of the Indian Penal Code and sentenced to imprisonment for life and to each pay fine of Rs. 1000/-, in default to undergo further RI for two months, RI for 10 years and to each pay fine of Rs. 1000/-, in default to undergo further RI for two months, imprisonment for life and to each pay fine of Rs. 1000/-, in default to undergo further RI for two months, RI for three years and to each pay fine of Rs. 500/-, in default to undergo further RI for one month, RI for ten years and to each pay fine of Rs. 500/-, in default to undergo further RI for one month and RI for six months respectively with a direction that the substantive sentences of imprisonment shall run concurrently, by the Additional Sessions Judge, Greater Bombay, by judgment dated 20/12/2007, in Sessions Case No. 1020 of 2004, by these appeals question the correctness of their conviction and sentence. Since all the appeals arise from the same judgment of the trial court, these appeals are being decided by this common judgment. PW 9 - PI Ulhas Deshmukh, who was attached to Andheri Police Station and was on duty on 4/8/2004, was informed by Duty Officer - PSI Momin about receipt of message from the control room informing that one person by name Jamnadas Jaisingh had been murdered by unknown persons in his house. Being informed about the said message, PW 9 - PI Deshmukh, along with PSI Momin and the staff, rushed to the scene of the incident i.e. the residential house at Andheri (East). On reaching the house, PW 2 - Jitendrakumar informed them that he had telephoned the control room. PW 2 - Jitendrakumar then took the police to the room on the second floor and on entering the said room, PW 9 - PI Deshmukh noticed the dead body of deceased Jamnadas lying on the bed. The hands of the dead body were tied with a cloth and his mouth was also gaged. The neck was tightly tied with a piece of cloth. One lady - Maya, who was the daughter of Jamnadas, was present there. Since Maya appeared to be under shock, her statement was not recorded. Accordingly, report of PW 2 - Jitendrakumar at Exh. 42 was scribed. On the basis of the said report of PW 2 - Jitendrakumar, an offence, vide Crime No. 312 of 2004, was registered under Sections 460, 452, 397, 302 read with Section 34 of the Indian Penal Code.

(2.) After registration of the offence, the presence of two panch witnesses were summoned and in their presence scene of the offence panchanama at Exh. 18 was drawn. From the scene of the offence, Articles 1 to 14 were seized. The articles were, two telephone instruments, pillow with pink pillow cover, cream coloured shirt and a torn baniyan, green coloured nylon cloth, blue coloured piece of cloth, brown odhani, dark coloured cloth, reddish coloured cloth, wrist watch, diamond necklace set with pair of diamond ear-rings and one ring and other ornaments, mattress stained with blood, bed-sheet stained with blood, latch, lock and screw driver, currency notes worth Rs. 44,10,000/- of different denominations, which were soiled. Photographs of the scene of the incident were taken and finger print experts were also called. A chance finger print was noticed on the mirror affixed on the cupboard. The said finger print was lifted and was sent for comparison. Statements of eight witnesses were recorded, including the statement of Maya.

(3.) PW 10 - PSI Pramod Tawade, who was also attached to the Andheri Police Station, was directed to search for the missing accused. He, accordingly, went to the house of the relative i.e. paternal uncle of accused - Tulai Singh and from him obtained the addresses of the other relatives of the accused. On reaching the house of relative of accused Tulai Singh at Shantinagar, Dongri, he noticed three accused namely, Tulai Singh, Dharam Singh and Tejasinghbahadur. During custodial interrogation, the accused had expressed their willingness to point out the place, where the currency notes had been concealed. Accordingly, one plastic bag was found near the northern wall of the room which was seized, which contained cash amount. The bag was opened in the presence of panchas and on counting the currency notes, the bag was found to contain Rs. 10,99,900/-. The panchanama is at Exh. 29. The accused were then brought to the Andheri Police Station and were arrested.