KAKA Vs. STATE OF U T CHANDIGARH

JUDGEMENT

(1.) Vide this judgment, the above mentioned appeals will be disposed of as these have arisen out of a common incident/ judgment.

(2.) Appellants have preferred these appeals challenging their conviction and sentence for commission of offence under Sections 302/ 394/ 397/ 460/ 411 of the Indian Penal Code, 1860 (IPC for short), as ordered by the trial Court vide judgment/ order dated 14.5.2007/ 16.5.2007 Process of law was set in motion on the basis of the statement of complainant Mohinder Singh recorded on 20.4.2004 at about 10.50 A.M. by Assistant Sub Inspector Devinder Singh. The complainant stated in his statement that Hari Singh, husband of his elder sister, had retired from Government press and was living in house No.109-A, Sector 30-B, Chandigarh along with his son Kulwant Singh and his family. On 18.4.2004 at about 5 A.M., he had gone along with Hari Singh to Khandur Sahib to offer prayers. They had returned back home at mid night on the same day by bus. On 19.4.2004, he had left the house of Hari Singh after 9.30/ 10 a.m. On 20.4.2004, he had gone in the morning to Gurudwara Sahib situated in Sector 19, Chandigarh on foot for offering prayers. When he reached the dividing road of Sector 27-30, near the bank colony, at 9.30/ 9.45 am, tenant of Hari Singh stopped him and told him that Hari Singh had not reached home at night. The gate of the back side of the house was locked. The main gate of the front courtyard was also locked from inside. The tenant further told him that his (tenant) motorcycle was parked in the courtyard and he could not remove the same. The tenant told him that he should inquire about Hari Singh. Then he came to the house of Hari Singh on foot along with Ashok Kumar and Bittu. They entered the house from the back side after scaling the wall. They found that the wiremesh door affixed on the bathroom was closed. The door opened after it was given a strong push. When they entered inside the house they found that Hari Singh was lying dead with his face downward. His mouth was tied with a shirt and all the household articles were lying scattered. It appeared that Hari Singh had been strangulated. Kulwant Singh, son of Hari Singh, had gone to his in-laws house at Patiala along with his family.

(3.) On the basis of the statement of the complainant, formal FIR No.69 was registered on 20.4.2004 at police station Industrial Area, Chandigarh under Section 302/ 380 IPC.