RAJU BHAYIA @ DHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant, who is in custody for the last 4 1/2 years, has preferred this appeal challenging his conviction and sentence for commission of an offence under Sections 302, 380 of the Indian Penal Code, 1860 (IPC for short), as ordered by the trial Court vide judgment/ order dated 6.8.2007.

(2.) The prosecution case was set in motion on the basis of the statement of complainant Darshan Singh recorded by Sub Inspector Rajesh Hastir on 21.11.2000 at 10.05 a.m. The complainant stated in his statement that his brother Surat Singh, aged 70 years, was residing in a house constructed in the fields outside village Ramgarh along with his family. Surat Singh had four daughters and all of them were married. Since Surat Singh did not have a son, his daughter Shivinder Kaur along with her husband Jarnail Singh were residing in the house of Surat Singh. On 21.11.2000 at about 8.00 a.m. he came to know that his brother Surat Singh and his wife Gurcharan Kaur were lying murdered in their house. The household goods were lying scattered in the house.

(3.) The murders had been committed with the help of sharp edged weapon. Shivinder Kaur and Jarnail Singh had gone to attend the marriage in their relations a day prior to the occurrence. When the complainant reached the spot, he saw that the dead body of Surat Singh was lying in a vacant space outside the house and the dead body of Gurcharan Kaur was lying in the residential room. Servant Raju Bhayia was not present in the house. The complainant further stated that he had full belief that Raju Bhayia, with an intention to steal, had committed murder of Surat Singh and his wife Gurcharan Kaur with sharp edged weapon and thereafter, stole cash and ornaments from the boxes and had run away.