P.K.BHASIN, J. -
(1.) These six appeals arise out of the judgment dated 17th December, 2002 rendered by an Additional Sessions Judge, Shahdara, Delhi in Sessions Case No.36/2000 arising out of FIR 373/96, PS Bhajanpura, Delhi whereby the appellants Rajinder @ Raju, Sunil Kumar, Raj Kumar @ Raju and Jai Kishan @ Jaickey were convicted for the offences punishable under Sections 376/302/201/397 read with Section 120-B IPC and appellants Kamaljeet and Raj Rani were held guilty under Section 412 IPC. Since all the appeals have arise out of the same judgment of the trial Court and were heard together by us we are disposing them of by this common judgment.
(2.) The case of the prosecution as noticed by the trial Court in para nos. 1 " 12 of its judgment is as follows:-
"Suresh Sharma, the complainant, resides in a house situated at Bharampuri, Delhi. Fifteen days prior to his lodging the report with the police, on 6.7.96, his wife Radha and daughter Neeru aged seven years started living with Radha's cousin (sister), Indira in house No.3/276, Yamuna Vihar, Delhi as Indira was in the family way during those days. Suresh Sharma was also living with them. Suresh Sharma was an employee with M/s Rahul Garments, Bharampuri Delhi. He stayed in the factory and slept there for three days, due to too much cutting work. On 6.7.96 at about 6 a.m. Suresh Sharma came to C 3/276, Yamuna Vihar and found that door was closed from inside. He rang up the bell, but it went unresponded. He went towards the rear door of the house, which was opened. Suresh Sharma went inside the house and found that a lot of blood was lying in front of the kitchen and bathroom. He also found that his wife Radha and sister in law Indira were lying dead. He went inside the room and found that his daughter Neeru and daughter of Indira, Meenu, aged about six years, were also lying dead. Indira's another daughter Priyanka was standing there under shock. Suresh Sharma was also shocked, he came out of the house and raised alarm in the gali that his entire kunba had been rubbed out. The police swung into action and recorded his statement. Indira's husband Virender @ Veeru was having a printing press. He was married to Indira for the last ten years. Suresh and his wife Radha used to visit Indira's house for the last about 5-6 months. Indira was suffering from fits and Virender @ Veeru used to hurl vicious epithets at her, every now and then. Virender also used to taunt her that she used to remain sick all the time and that she is a curse for him and that he would bring Anita, who used to collect money from the Bank's customers. Suresh had also seen Virender talking to Anita at Virender's factory. Efforts were made to trace out Virender, but he could not be traced either in his house or in his factory. However, people of the mohalla had seen Virender in his house. Suresh Sharma suspected Virender @ Veeru, who, according to the complainant, while working in cahoots with other persons had killed the abovesaid persons. The present case was registered, on the basis of his complaint, under Section 302 IPC. Some pieces of wire, blood, bangle pieces, three condoms from bed, one pair of pants, one shirt etc. from bathroom were seized. During autopsy of Smt. Indira a blade of knife, which appeared to have been detached from its handle, was found completely inserted in her neck. The doctor got it photographed. The same was seized. On 7.7.96, the spot was again searched. Dead body of Virender @ Veeru was also recovered from the box of the bed, kept on the first floor of the said house. The body of Virender was found in a highly decomposed state and was sent for post-mortem examination. One knife imbruded with blood was also recovered from the stab of the kitchen. Local enquiries were made. PW, Daryano Mal stated that on 6.7.96 at about 6.15/6.30 a.m. he had seen four boys coming out from the iron gate installed in the rear side of the gali and one of them was wearing yellow coloured shirt and another was wearing T-shirt. He explained that if produced before himhe would be able to identify all of them. Statement of Smt.Krishna, mother of Virender, was recorded on 8.7.96. She stated that one VCR, writ-watch of Virender, camera, jewellery of deceased Indira were robbed from Virender's house and she was in a position to identify the same if she was confronted with the same. During investigation, it transpired that accused Rajinder @ Raju, who resides in Kharkhoda, a cousin (maternal brother) of deceased Virender had vanished into the thin air, since the day of the incident alongwith one Sunil of the same locality. On 14.7.96, police apprehended accused Rajinder from bus stand Chauprali. Before the police he made a clean breast of this offence. He explained that he had committed the said offence while working cheek by jowl with accused Raj Kumar, and Jai Kishan. On the same day, Inspector Rajbir apprehended accused Raj Kumar @ Raju and Jai Kishan @ Jacky from Hapur Railway Station. They also confessed about their complicity in this crime. Inspector Rajbir Singh recovered one camera at this instance of Jai Kishan and one wrist watch at the instance of Raj Kumar @ Raju belonging to the deceased from their respective houses. Their disclosure statements also revealed that accused Sunil had committed rape with Neeru. Blood stained clothes were recovered at the instance of the accused persons. On 15.7.96 accused Rajinder @ Raju, Rajkumar @ Raju, Sunil and Jai Kishan @ Jacky were got medically examined. Their blood samples were also obtained. All the accused were produced before Sh.Sanjay Sharma, MM who affixed TIP for 17.7.96 at Tihar Jail. On 17.7.96 witness Daryano Mal was summoned but the accused declined to join the TIP before Sh.Sanjay Sharma, MM. On 18.7.96, all the accused were remanded to police custody for four days. As per disclosure statement made by accused Sunil, accused Kamaljeet @ Kamal was apprehended from bus stand Kharkhoda. Accused Kamaljeet led the police party to shop no. 1160, Meliora Electronics. At his instance one stolen VCR belonging to the deceased was recovered. It transpired that he had handed over the said VCR to the abovesaid shop for repairs.. On 20.7.96, as per disclosure statement of accused Sunil, Raj Rani was apprehended from her house at village Masoori, District. Meerut and her instance some stolen jewellery was recovered from her house. As per FSL report, the blood group of deceased Radha which was AB was found on the shirt of accused Raj Kumar @ Raju. Blood group "B" of Virender @ Veeru was also detected on the pants and shirt of accused Sunil. All the recovered stolen articles were got identified by the witnesses " Ram Avatar and Krishna, brother and mother of deceased Virender before Sh.Sunil Kumar Aggarwal, MM. As per disclosure statement made by Raj Rani her brother, Shashi Bhan, had taken away the handle of the knife, which Rajinder had brought after committing the crime. Search of Shashi Bhan was made because the blade of the said knife was recovered from the neck of deceased Indira at the time of her autopsy. Shashi Bhan absconded and therefore, his name was mentioned in coloum No.2. Consequently, all the remaining accused were arrested and challanged for the offence punishable under Sections 302/392/376/201/120-B IPC."
(3.) The learned trial court charged accused Kamaljeet and Raj Rani under Section 412 IPC while other four accused persons were charged under Section 120- B IPC and also under Sections 376/302/201/397 read with Section 120-B IPC. The prosecution had examined as many as 48 witnesses for establishing its case and the learned trial court after examining and analysing the evidence so adduced found the prosecution case established in entirety and consequently vide impugned judgment dated 17th December, 2002 convicted all the six accused persons for the commission of aforesaid offences for which they were charged and tried. Vide order dated 20th December, 2002 appellants Jai Kishan @ Jaicky, Raj Kumar @ Raju, Sunil Kumar and Rajinder @ Raju were awarded life imprisonment with a fine of Rs. 10,000/- each and in default of payment of fine they were further sentenced to undergo rigorous imprisonment for two years each under Section302 IPC. They were also sentenced to undergo rigorous imprisonment for seven years on each count for their convictions under Sections 376/201/397 read with Section 120-B IPC and also to pay a fine of Rs. 1000/- each, in default of payment of which they were to further undergo rigorous imprisonment for three months. Substantive sentences of imprisonment were ordered to run concurrently. Appellant Raj Rani was sentenced to undergo rigorous imprisonment for five years and also to pay a fine of Rs. 75,000/-, in default of payment of which she was further ordered to undergo rigorous imprisonment for five years and appellant Kamaljeet was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,50,000/-, in default of payment of which he was ordered to further undergo rigorous imprisonment for seven years. Benefit of section 428 Cr.P.C. was extended to all the six accused persons.;