SANTOSH KUMAR CHAURASIA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THESE two criminal appeals, arising out of the same case, were heard together and are being disposed of by the common judgment.

(2.) CR . Appeal (D.B.) No. 1045 of 2005 is directed against the judgment of conviction dated 23.7.2005 and the order of sentence dated 26.7.2005 passed by Additional Judicial Commissioner -II -cum -Special Judge -I, C.B.I. (AHD Scam), Ranchi in S.T. No. 252 of 2001, whereby and whereunder, the court having found the appellant guilty for committing murder of one Ira Roy and for committing robbery in her house convicted him for the offence punishable under Sections 302 and 394 of the Indian Penal Code and sentenced him to undergo imprisonment for life for the offence under Section 302 of the Indian Penal Code and further to undergo rigorous imprisonment for a period of ten years for the offence under Section 394 of the Indian Penal Code. Both the sentences were ordered to run concurrently.

(3.) THE case of the prosecution is that Smt. Ira Roy, aged about 71 years, living alone in the 3rd Floor of her house situated at Bardwan Compound, Ranchi, was having one son living at Delhi and two daughters; one living at Kolkata and the other one Smt. Banani Verma -the informant (P.W. 16) living at Ranchi in other Mohalla along with her husband. The informant (P.W. 16) used to take care of her mother. Almost every day she used to have had talk with her mother in the morning and also in the night so that she could know that everything is fine. As usual, the informant (P.W. 16) talked to her mother at 10 am on 21.1.2000. In the night at 10 O'clock she again rang her but she did not get any response from her mother. She again and again tried but there was no response. Ultimately, she rang to one Shankar Chandra (P.W.7), who was residing as tenant in the 2nd Floor of the said house, and requested him to see her mother as to why she is not responding. After a while, Shankar Chandra (P.W.7) called back and told the informant that the door of the house is locked from outside. In the next morning i.e. 22.1.2000 the informant again rang but there was no response. Thereupon, the informant by taking her husband -Girija Shankar Verma (P.W.9) came to her mother's house which was found to be locked from outside. Thereafter, the informant came to the flat of Shankar Chandra and from there she called Devendu Mandal (P.W.10), a friend of her brother, to come immediately who came there at about 7 am and thereafter they broke open the door and when entered into the room, they found Mrs. Ira Roy, mother of the informant, lying dead, having multiple injuries on her person on the floor under the pool of blood. They found the entire room being ransacked. There one knife having blood mark over it was lying over the table. The informant found one portable colour Akai T.V., its remote control, stabilizer as well as printed bed sheet, which had been spread over the bed, missing. The informant talked to one Dr. Prabhat Kumar (P.W.4), an Acupressure Therapist, who used to come daily to the deceased for giving treatment at 4 O'clock. He informed that previous evening also he had gone to the house of the deceased and after giving treatment he had left home at about 4:30 pm.