RANJIT SINGH @ RAJU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and the learned counsel for the State.

(2.) The sole appellant is aggrieved by the impugned Judgment of conviction dated 14.03.2007 and Order of sentence dated 16.03.2007, passed by the learned 2nd Additional Sessions Judge, East Singhbhum at Jamshedpur, in Sessions Trial No.481 of 2005, whereby, the sole appellant has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life for the said offence.

(3.) The case relates to double murder, in which, the old aged couple were brutally murdered in their own house. The police case was instituted on the basis of the fardbeyan of the informant Bijay Kumar, who is the son-in-law of both the deceased, recorded on 02.09.2005, at about 5:45 A.M., at the house of the deceased Balbir Singh and his wife Darshan Kaur, situated at Gurudwara Basti, B-Zone, P.S Sakchi, District East Singhbhum, stating therein that in the early morning, the informant was informed telephonically by Romi and Babu, his cousins-in-law, that his father-in-law was murdered in the house. Upon getting this information, he came to his in-laws' house and found the eastern room locked. He peeped into the room through the window, from where only the leg of his father-in-law could be seen, which was smeared with blood. In the meantime, the police party also reached there. He tried to gather the information about the occurrence, whereupon, two children, namely Surabhi, aged about 13 years, who was working as maid in the their house and Radha, aged about 10 years, the daughter of Gopal Krishna Bhatia, the tenant in the said house, informed him that both of them were sleeping with Dadi, i.e., the deceased, Darshan Kaur, in the house. In the night, someone knocked the grill, whereupon, Dadi asked as to who was there, whereupon, the person knocking the grill, said that he was 'Sonu'. Dadi again asked, which Sonu, whereupon, he said that he had come from Ranchi from the Mousi's place. Dadi opened the grill and the person entered into the house. Dadi asked him as to why he had got his hair cut, whereupon, he replied that he had got his hair cut on his own will. Dadi again asked about his father, whereupon he said that his father had gone to Punjab for constructing the house. Dadi offered him a glass of water, upon which, Surabhi gave him a glass of water. Upon being asked by Dadi, he said that he had come to Jamshedpur with some work, but he got late. Thereafter, they talked for some time and Dadi told him to sleep in the western room. Both the girls, thereafter, slept with the Dadi. After some time, they woke up upon the alarm raised by Dadi, whereupon they rushed towards the room of Dadaji and saw that the person, who had introduced him as 'Sonu', was assaulting Dadaji and upon seeing the children, accused came out and said that Dadi had got some fits, due to which, she was shouting and asked them to go and sleep. Thereupon, both the children went upstairs and informed the father of Radha about the occurrence, whereupon, he also came down and said 'Sonu' informed him that the lady had got some fits and there was nothing to worry about, and asked him to go and sleep. Thereafter, both the children went with the father of Radha and slept there. In the morning, when they came down at about 5:00 A.M, they saw the room of Dadaji locked and there were some bloodstains there and the said 'Sonu' had fled away. The father of Radha peeped into the room through the window and saw the leg of Dadaji, but Dadaji was not visible from there and the blood was scattered here and there in the room. Thereafter, the persons nearby were informed. In the meantime, the police arrived and the lock of the room was broken. The dead bodies of Balbir Singh and Darshan Kaur were found there on the floor in the pool of blood. The necks of both of them were slit and there were injuries on the other parts of the body also. The physique of the accused, as disclosed by the tenant and the two children, was also mentioned in the fardbeyan and it was stated that both the deceased had been murdered by some known relative of Darshan Kaur, who had introduced himself as 'Sonu'. On the basis of the fardbeyan of the informant, Sakchi P.S Case No.201 of 2005, corresponding to G.R No.1854 of 2005, was instituted for the offence under Section 302 of the Indian Penal Code, against the person named as 'Sonu' and investigation was taken up. After investigation, the police submitted the charge-sheet against the present accused.