Decided on March 08,2007

MAHABIR Appellant
STATE OF DELHI Respondents


R.S.SODHI, J. - (1.) Criminal Appeal Nos. 430/2002, 545/2003 and 328/2005 seek to challenge the common judgment and order of the Additional Sessions Judge dated 16.2.2002 in Sessions Case No. 92/1997, arising out of FIR No. 177/97, Police Station, Sriniwaspuri, whereby the learned Judge has held Mahabir, Jalvir and Mahesh guilty of the offences under Section 394/302/34 IPC. Further, by a separate order of the same date, the learned Judge has sentenced all the three appellants to undergo rigorous imprisonment for ten years under Section 394/34 IPC and a fine of Rs. 500/- each, in default of payment of fine further simple imprisonment for one month each. The learned Judge has also sentenced the appellants under Section 302/34 IPC to life imprisonment and a fine of Rs. 500/- each and in default of payment of fine, further simple imprisonment for one month each.
(2.) Brief facts of the case, as have been noted by the learned Additional Sessions Judge, are : "that Smt. Seema Sharma gave statement to the police alleging that on 24.2.1997 at about 4.15 P.M. she was present in her house bearing No.28-B, pocket-B Sidharth Extension, New Delhi when she heard that her door bell rang and her maid servant Kamla @ Kharpai allegedly went to open the door. Accused Jalveer who is allegedly to be related to the complainant along with is three associates entered the house. Complainant was allegedly standing in the balcony where all the four reached. All the three associates of accused Jalveer took out knives, Jalveer also took out knife from his pocket. Two of the associates of accused Jalveer caught hold of the complainant and dragged her to her bed room where she was beaten and accused allegedly made enquiries about gold kept in her house and when she did not give any information, they kicked her on her stomach. They allegedly removed a gold chain along with locket and jumkas with chain from her ear. When Kamla, the maid servant of the complainant, allegedly started trying to intervene, two of the associates of the accused Jalveer tied a blouse around her neck as a result of which the complainant fell unconscious for sometime. After sometime she is alleged to have heard the screams of Kamla @ Kharpai, her maid servant, and when she saw, a nylon string is alleged to have been tied around her neck and she was lying on the floor, Jalveer along with his associate thereafter allegedly fled away from the spot. Complainant was admitted in the hospital. Police party reached at the spot, dead body of Kamla was removed to AIIMS where postmortem was conducted on her dead body. Subsequently, accused Mahabir and Mahesh are alleged to have been arrested by the police of police station Hazarat Nizamuddin. A VCR, ear rings of this case belonging to complainant were allegedly recovered from their possession. They allegedly made disclosure statements regarding this case therefore, they were arrested in the present case. Police applied for holding TIP of accused Mahesh and Mahabir but they refused to join the proposed TIP. The TIP of jewelery articles and VCR allegedly recovered from the accused Mahabir and Mahesh was got conducted by the Metropolitan Magistrate. The complainant correctly identified the articles as well as the jewelery allegedly recovered from the possession of these accused persons. Subsequently, accused Jalveer was arrested in this case and Roopa was also formally arrested in this case after production warrants were issued. Photographs of the place of incident were taken, site plan was got prepared, finger prints were allegedly lifted from the place of incident. Statement of witnesses were recorded by the police and after investigation of the case they came to the conclusion that the accused persons committed the murder of maid servant Kamla and they also committed robbery in the house of complainant. Accordingly, the present challan was filed. After complying with the provision of Section 207 Cr.P.C. Ld. Metropolitan Magistrate committed the case to the court of Sessions which in turn assigned the same to this court for trial in accordance with law."
(3.) The Prosecution, in order to prove its case, examined 19 witnesses. Of these, Complainant, PW-4, Smt. Seema Sharma, is the eye-witness to the incident. Inspector Aman Sagar is the Investigating Officer who recorded the statement of Smt. Seema Sharma and sent the same through PW-8, Constable Om Prakash, for registration of the FIR. PW-7, HC Surender Kumar, on receipt of the rukka, recorded the FIR, Ex. PW-7/A. The scene of the crime was photographed. The Investigating Officer seized broken pieces of bangles and blouse lying at the place of incidence. Crime team was called. PW-17, SI Ravinder Singh Yadav, prepared the crime team report/Ex. PW-17/A, and lifted the finger prints. PW-14, SI Madanpal prepared the site plan of the place of incidence, Ex. PW-14/A. Accused Mahesh and Mahabir were arrested on 10.3.1997 by PW-15, Inspector Suresh Kaushik, of Police Station Hazrat Nizamuddin. The VCR was recovered from the car and the golden ear rings from the pocket of the trousers.;

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