ANIL TYAGI & ANOTHER Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) Accused Anil Tyagi and Pawandeep Singh have filed Crl.A. No.991-DB of 2009 and accused Ravi Kant Tyagi has preferred Crl.A. No.415-DB of 2009 aggrieved by the judgement of conviction and sentence passed by the trial Court under Section 302 read with Section 34, 397 and 460 IPC.

(2.) The case in brief of the prosecution is as follows:

(3.) Accused Pawandeep Singh is the son of T.P.Singh (deceased). Shibani Singh (deceased) was the wife of T.P.Singh. Ajit Kaur (deceased) was the sister of T.P.Singh. Deceased T.P.Singh and deceased Shibani Singh were residing at House No.1432, Sector 34-C, Chandigarh. PW33 Ajay Singh was their domestic servant. Deceased Ajit Kaur came from Delhi on 6.2.2006 and stayed in the house of T.P.Singh. PW33 served dinner to all the three inmates at about 11.00 p.m. on that day and proceeded to his room in the upstairs. Thereafter deceased T.P. Singh locked the door of the stairs leading to the first floor. Deceased T.P.Singh had not woken up PW33 in the early morning. PW33 got up at 7.00 a.m. on 7.2.2006, but the lock which was put up on the door leading to his room was not opened by his Master. He scaled down the wall and peeped into the first floor. But he could see only the lights and fans that were on. He could not see anything inside the house as curtains were drawn on the windows. He proceeded again to his room in the first floor and slept over there. A friend of T.P.Singh came to the house and rang the bell. PW33 replied that he was not knowing where his Master had gone. With the help of a ladder he came down.