STATE OF U T , CHANDIGARH Vs. RAKESH KUMAR

JUDGEMENT

(1.) Union territory, Chandigarh has filed the present appeal and it has been directed against the judgment dated 15.5.1991 passed by Additional Sessions Judge, Chandigarh, why acquitted the respondents of the charge under Section 302 read with Section 34 of the Indian Penal Code.

(2.) Shri Rakesh Kumar and his companion Shri Bhartinder Singh faced the trial in the Court of Session on the allegations that during the night of August 21/22,1989 at House No. 634, Sector 16-D, Chandigarh they committed murders of Shri Sumeshwas Nath Madan his wife Smt. Hema Madan, his son Virender Madan, and son of his servant Ram Jiyawan by intentionally causing their death with deadly weapons and thereby allegedly committed an offence punishable under Section 302 read with Section 34 of the Indian Penal Code.

(3.) The story of the prosecution proceeded with the statement Ex. PR made by Shri Salig Ram son of Shri Rain Shankar washerman by profession to Shri S.S. Randhawa S.H.O. Police Station Central Chandigarh wherein it was inter alia stated by him that his Jhuggi is situated at the open space opposite to House No. 619. Sector l6-D. Chandigarh. He irons the clothes of the entire Mohalla. Shri Budhai Ram of his village used to iron the clothes on this adda earlier to him. For the last 2/3 months he had gone back to his village. The resident of- House No. 634, Sector 16-D i.e. Shri Sumeshwar Nath Madan also used to get his clothes ironed from him. So they were familiar to him. They had told him even to sleep in their rear verandah of the house wherever he felt inconvenient due to bad weather As per their directions, whenever rains took place he used to sleep on a Divan lying in the rear Verandah of the Kothi. In that kothi besides Mr. Madan, his wife Smt. Hema Madan his son Virender Madan and son of their servant Ram Jiyawan aged about 10/12 years also used to reside. Shri Chinna Lal, father of the boy had- gone to his village for the last about 3 months. On the day of occurrence i.e. the night intervening 21/22.8.1989 as usual due to rains he went to the rear Verandah in order to sleep there after passing through the gallery at about 1030 p.m. At that time all the lights of the bungalow were off. It appeared to him as if everybody in the Kothi had gone to sleep and he also slept on that night. When he got up at about 4.00 a.m. on the next morning, he returned to his Jhuggi. At about 9.30 a.m. Smt. Kanta, the sweeperess of the house who used to work in the said house, came to his Jhuggi and told him that despite ringing the door bell nobody had opened the door. She further told that the driver of Shri Madan Satish Kumar was also standing in the front courtyard of the kothi. Thereafter the complainant went to House No. 634 sector 16-P, Chandigarh alone with Smt. Kanta Shri Satish Kumar driver was already present there and he was standing near the outer gate of the kothi. When the complainant pushed the door of the drawing-room it was found open. He along with Shri Satish Kumar driver entered the room and saw that the dead body of the wife of Shri Madan was lying in the gallery in a pool of blood and in the bed room opposite to the gallery the dead body of Ram Jiyawyan was lying in a pool of blood and in the bed room situated towards the kitchen dead body of Shri Madan was lying on the double bed in a pool of blood. In other bed room their son Virender was lying dead on the bed in a pool of blood. They switched on the light and found that all the deceased had injuries on their persons with sharp edged weapon. There upon Shri Satish Kumar driver informed the police on telephone from the house of somebody. The police party headed by Shri S.S. Randhawya. S.H.O. arrived there. It is stated by the complainant that some unknown culprit has murdered Shri Madan. his wife Smt. Hema Madan his son Virender Madan and the son of his servant Ram Jiyawan with some sharp edged weapon and the action be taken.