Decided on July 09,2007



P.K.BHASIN, J. - (1.) By this common judgment we are going to dispose of five appeals arising out of the judgment dated 19.5.2006 passed by the learned Additional Sessions Judge, Delhi in Sessions Case No.58/2005 arising out of FIR No.31/99 registered at Bara Hindu Rao Police Station whereby all the five appellants were convicted under Section 396 read with Section 34 IPC and also under Section 302 read with Section 34 IPC.
(2.) The appellants/accused were prosecuted for having committed dacoity in House No.T-20, Kishan Ganj, Double Phatak, DCM Road, Delhi on 2.2.99 at about 7.00 p.m. and also for having killed one Smt.Rekha Sharma while committing the dacoity in her house. The complainant of this case is PW-10 Ashwani Sharma @ Lovely. He is the son of deceased Rekha Sharma. His statement (Ex. PW-10/A) was recorded by PW-18 Sub Inspector Tara Chand and on that basis FIR of this case (Ex. PW-1/B) was registered. It was stated by Ashwani Sharma in his statement to the Police that on 2.2.99 at about 7.00 p.m. he was playing with his sister Madhuri (PW-12) in a room of their house. At that time their mother was sleeping in that room and their father was not at home. Suddenly three boys, out of whom two were fair complexioned and third one was wheatish complexioned, came in that room and enquired about their father. On hearing their voice their mother woke up and asked those boys as to who they were. Upon that, one of the fair complexioned boys started abusing his mother and told her to keep lying down silently. One of the boys had a knife and he made him and his sister sit on a trunk lying there. One boy who was having a small gun caught hold of his mother and other boy stabbed his mother with a knife due to which she started shouting. The complainant further alleged that on seeing his mother bleeding he and his sister also shouted and then all the three boys fled away. On hearing their shouts their neighbours Satnam and Kishan Lal along with others came and took their mother to hospital. In the Jiwan Hospital, where the injured was taken, she was medically examined and the doctor made efforts to save her but could not succeed and declared her dead at 8.15 p.m. As per the MLC Ex. PW-9/A prepared in the hospital the deceased had two stab injuries caused with a sharp edged weapon. On 4.2.99 accused Satbir Singh (appellant in Crl.Appeal No.785/2006) was arrested by the Police on the basis of some information given by a secret informer of the Police. As per the prosecution case, one broken gold chain was recovered from his possession at the time of his apprehension and the same was sealed and seized vide memo Ex. PW-3/B and that chain was later on identified and claimed by the husband of the deceased to be belonging to her. Accused Satbir Singh also got recovered one blood stained knife(Ex. P-1) and one blood stained shirt(Ex. P-2) from his house in Kabir Basti, Malka Ganj, Delhi pursuant to the disclosure statement made by him wherein he had also named other co-accused also as his associates in the crime in question. As per the further prosecution case, accused Kirpa Shankar Maurya @ Maurya (appellant in Crl. Appeal No.962/2006) and accused Gulamuddin (appellant in Crl. Appeal No.768/2006) were arrested on 5-2-99 at the instance of accused Satbir Singh. At that time one knife was recovered from the possession of accused Kirpa Shankar and the same was sealed and seized vide memo Ex. PW-18/M. All the three accused were required to participate in a test identification parade(TIP) on 5-2-99 but all of them refused to participate in the TIP stating before the Magistrate(PW-19) that they had already been seen by the two children of the deceased at the spot at the time of the incident.
(3.) On 6.2.99 accused Shiv Ram @ Chotu (appellant in Crl.Appeal No.1014/2006) and accused Juber Alam (appellant in Crl.Appeal No.843/2006) were also arrested by the Police at the instance of accused Satbir Singh. After the arrest of these two accused persons they were also required to participate in the test identification parade but also they refused to participate in the same on the ground that they had been shown to the witnesses. As per the post-mortem report of PW-6 Dr. Komal Singh the following ante-mortem injuries were noticed on the dead body of the deceased:- "External Injuries : 1.Penetrating incised wound on the dorsum of the left hand 2.1 cm x 0.9 cm and it was spindle shape and both angles were acute. 2.Another penetrating incised wound present on the mid abdomen 2.3 cm x 0.8 cm, both angles were acute and margins were clean cut. It was placed 7.8 cm above the umbilicus and 5 cm below Xiphistrnun. Internal examination : On internal examination on tracing the number two injury there was cut at the right lobe of the liver going through and through making a cut of 2.3 cm x 0.8 cm. Abdomen cavity contain 2 ltr. Of the blood. Stomach contain 200 ml. of undigested food." The cause of death was opined to be haemorrhagic shock due to the injury to the liver which was found to be sufficient to cause death in the ordinary course of nature. At the time of post-mortem examination blood stained clothes of the deceased and her blood sample were preserved and later on the same were sent to Forensic Scientific Laboratory along with the blood stained knife and blood stained shirt got recovered by accused Satbir Singh. As per the FSL report blood group of the deceased was found to be "B" and the blood on the knife and shirt got recovered by accused Satbir Singh was also found to be human blood of "B" group.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.