RAKESH JOSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) RAKESH Joshi, Radheyshyam, Mahesh Singh and Smt. Babli Devi (appellant herein) were put to trial before the Additional Sessions Judge (Fast Track-2) Jaipur City, Jaipur who vide judgment dated November 6, 2004 convicted and sentenced the appellants as under: Mahesh Singh: u/s. 302 IPC, to suffer imprisonment for life and fine of Rs. 5,000/-, in default to further suffer additional simple imprisonment for one year. RAKESH Joshi, Radheyshyam and Smt. Babli : u/s. 302/34 IPC, to suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer additional simple imprisonment for one year. RAKESH Joshi, Radheyshyam, Mahesh Singh and Smt. Babli: u/s. 394/34 IPC, to suffer rigorous imprisonment for ten years and fine of Rs. 2000/-, in default to further suffer additional simple imprisonment for six months. All the sentences were ordered to be run concurrently.

(2.) BRIEFLY stated, a written report was lodged by Pooran Mal informant on February 20, 2002 at 12. 30 P. M. at Police Station Vidhan Sabha, Jaipur, wherein it was reported that his wife Jayanti Jain, who was employed as computer operator in Bank of Baroda, Nehru Place, Jaipur, and used to reside at his house situated at Jyoti Nagar as it was near to his place of work while he (informant) himself generally used to stay back at his other house No. 90/125, Patel Marg, Mansarovar for the sake of convenience where he used to do computer job work. However, both of them could meet anytime, any where as per their convenience. Lastly, on (November 17, 2002) Sunday, they were together at their house at Jyoti Nagar upto 10 P. M. when he left for Mansarovar. Informant was informed by his wife that she was to go to Jodhpur with her sister on Monday (November 19, 2002 ). He then rang up to his wife on Monday at about 5. 00 P. M. but there was no response and thus he thought that his wife might had gone to Jodhpur. Thereafter, on 20. 2. 2002 at 10. 00 A. M. his son Deepak who had brought the key of Jyoti Nagar House, rang him up and asked him to reach Jyoti Nagar immediately. Deepak further informed that his mother was dead and the house was found ransacked. Apprehending murder of his wife, the informant lodged this report to the police. On receipt of the report, a case u/s. 302 IPC was registered and the investigation commenced. Panchanama of the dead body was prepared and autopsy on the dead body was got conducted, site map was prepared, accused persons were arrested, recoveries were made and after completing investigation, challan was filed.

(3.) WITH a view to ascertain whether the murder and robbery were part of one transaction, from the evidence adduced it is revealed that Smt. Jayanti Jain resided in her first floor house No. 24 K 7 at Jyoti Nagar, Jaipur as her Bank where she was employed was situated nearby at Nehru Place. Her husband, Pooran Mal (PW. 1) usually stayed back in their other house No. 90/125, Patel Marg, Mansarovar where he used to do computer job work. While their son Deepak Jain (PW. 4) used to live with his wife Smt. Reena Jain (PW. 7) at house No. 80/98, Mansarovar where he used to run a computer training centre. The deceased and her husband used to meet at any of their residence as per their convenience. On February 17, 2007 at about 10. 00 P. M. , Pooran Mal (PW. 1) went from his Jyoti Nagar house to Mansarovar, leaving behind his wife, who had informed him that on the following day she intended to go to Jodhpur. So, when Pooran Mal (PW. 1) rang her up on 18th in the evening, there was no response and he thought that deceased might had left for Jodhpur. Deepak Jain (PW. 4) had a talk to his mother on 17th and he was also informed by the deceased that she intended to go to Jodhpur on the following day. He also rang her up on 18th, 19th and also on 20th but there was no response. So, he got worried and enquired from the Bank where she worked and was told that she was not coming for last two days. So, he obtained duplicate key of the house from Mansarovar and went to Jyoti Nagar. He found the house ransacked and her mother was found lying dead on the floor in a pool of blood. He then rang up his father, cousin Shiyansh and Hitesh and also his wife. Then the matter was reported to the police by his father. From evidence of Deepak (PW. 4) and Pooran Mal (PW. 1), it is further revealed that gold bangles, gold chain, earrings and nose ring worn by the deceased were missing from her body. The ornaments and other articles found missing from the house were separately reported to the police vide report Ex. P. 3. On report being lodged, police rushed to the spot, inspected the site and the deceased was found lying dead in the pool of blood at the floor of the kitchen. From the bath room of the house, blood stained knife and a pair of gloves used in the crime were recovered vide Ex. P. 19. Autopsy on the dead body was conducted on February 20, 2002 at 5. 30 P. M. (Ex. P. 13), the death of Jayanti Jain was found to have occurred 24 to 48 hrs prior to the examination of the dead body as per Dr. H. L. Bairwa (PW. 3 ). This refers to the fact that in all probability the deceased was murdered on February 18, 2002 itself as there has been no response to the telephonic calls made by Pooran Mal (PW. 1) and Deepak Jain (PW. 4) on that day in the evening. Later during the investigation, the stolen property as well as blood stained clothes were recovered in the case. This goes to established that the offence of murder and robbery were committed as a part of one transaction.