STATE OF RAJASTHAN Vs. SATYA NARAIN

JUDGEMENT

(1.) The State of Rajasthan has preferred D. B. Criminal Appeal No. 314/1981 against judgement dated 28-2-81, whereby the learned Sessions Judge, Alwar, acquitted accused respondents Satya Narain, Tribhuvan alias Kullar, and Nathu for offences under Sections 302 and 460, IPC, but convicted the accused for offence under Section 380, IPC and sentenced each one of them to undergo seven years' RI and a fine of Rs. 300/- in default, to further undergo RI for three months. The accused appellants, who are respondents in the State-appeal, have challenged their conviction and sentence for offence under Section 380, IPC, in their aforesaid appeals.

(2.) Since these appeals arise out of a common judgement, those are being disposed of together by this judgement.

(3.) Now factual matrix of the case. Babulal Mahajan (PW 15) resided and carried on business including that of money lending by getting the ornaments of debtors pledged with him, in Bas Kripal Nagar (Kishangarh). His son Mam Chand's wife had suffered an attack of paralysis, therefore, Babulal along with Mamchand had taken her to Jaipur for treatment sometime in September, 1979. His mother Smt. Kistoori aged about 60 years and grand-daughter Sunita Bai aged 12 years were staying in the house situated in Bas Kripal Nagar. It is alleged that on the night intervening 17th and 18th September, 1979, some unknown persons committed lurking house trespass in the said house, ransacked gold and silver ornaments and currency notes and also committed murders of Smt. Kistoori and Kumari Sunita by strangulating them. It is the case of prosecution that next day at about 10.30-11 a.m., Kirori and Shankerlal informed PW 11 Gangasharan Sarpanch that the doors of Babulal's house were lying open, that Smt. Kistoori and Kumari Sunita were lying dead and that the articles in the said house were also lying scattered. Thereupon, Gangasharan went to the house of Babulal, where by that time Hajarilal and Madanlal had also assembled there. He noticed that Babulal's house was ransacked, articles therein were lying scattered and Smt. Kistoori and Kumari Sunita were lying dead.