RAHUL Vs. STATE OF U T

JUDGEMENT

(1.) The present appeal has arisen out of the judgment of conviction dated 11.2.2014 and order of sentence dated 17.2.2014, vide which appellant was convicted under Section 302 IPC in FIR No. 465 dated 16.12.2011 registered at Police Station Sector-39, Chandigarh, for committing the murder of Kavita Sahu and Gaurang Sahu, and sentenced as under:-

(2.) The above substantive sentences of imprisonment were ordered to run concurrently.

(3.) As per prosecution story, Malti Devi got recorded her statement on 16.12.2011 that she and her husband were Teachers by profession. Her husband was posted at Mewat, Haryana and she was posted in Sector-17, Panchkula. They had two children i.e. elder daughter Kavita, about 17 years of age, was the student of Guru Nanak Public School, Sector-36, Chandigarh, whereas her younger son Gaurang Sahu was the student of Govt. Model Senior Secondary School, Sector-37, Chandigarh. On that day, she had left the home at 8.30 A.M. for duty and both the children were at home it being their holiday. On her return at about 3.00 P.M., she found her daughter in the pool of blood with a cut on her neck and when she went upstairs, she found her son also in the pool of blood and his neck also had a cut. All the articles in the room were lying scattered. Statement of Malti Devi got recorded on 16.12.2011, at 6.00 P.M., reads as under:- "Stated that I am resident at the above noted address with family. I and my husband Umesh Shahu are J.B.T. Teachers in Haryana. My posting is at Govt. High School, Sector-17, Panchkula (Primary Wing) and my husband posted at Mewat. He used to come home after a week or 10 days. We have two children. Elder is Kavita aged about 17 years who was studying in Guru Nanak Public School, Sector-36, Chandigarh in 10+2 class and son Gorang was studying in Govt. Model Sr. Sec. School, Sector 37-B, Chandigarh in 10th class. Today both my children had a holiday. I left both of them at about 8.30 A.M. at house and went on my duty. At about 3.00 P.M. when I reached house from my duty, I saw that door of the house was half opened and the luggage of the house was scattered and my daughter was lying straight drenched in the blood on the bed in the bed room and both of her legs were hanging and neck was slashed with sharp edge weapon and a lot of blood was scattered on the floor and a broken knife was lying in the blood. The articles and bangles were scattered on the floor. Blood spots were also on the walls. When I saw towards my son Gorang, he was not found there and then went on the upper room and saw that he was lying drenched in the blood on the bed. His neck was also slashed with sharp edge weapon and luggage was also scattered there. I immediately narrated the entire scene to my father Gopal Parshad on phone. My father and brother came to my house. They gave the information to the police about this occurrence and you came at the spot. Due to some enmity some unknown persons killed my both children by slashing their neck with sharp edge weapon. Legal action may kindly be taken against them."