- (1.) These appeals are directed against the common judgment of the Division Bench of the High Court of Delhi in Criminal Appeal Nos. 576/2005, 811/2005, 447/2006 and 707 of 2005 dated 31.12.2007. The Appellants in Criminal Appeal Nos. 576/2005 and 447/2006 are alone before us. The other two Appellants, namely, Vikram Das and Triloki Das before the High Court have not chosen to challenge the above impugned judgment dated 31.12.2007. The case of the prosecution as projected was that on 27.12.2000 a DD No. 26, PP, Sector-16, Rohini within the jurisdiction of Prashant Vihar, Police Station was lodged at about 9.15 p.m. to the effect that a dacoity had taken place near the house of PW-5 Kulwant Rana at Village Shahbad, Daulatpur, near Delhi Engineering College. The occurrence took place at House No. 7, Village Shahbad Daulatpur, Delhi. Upon receipt of information, SI Sukhvinder Singh along with others reached the spot which belonged to one Kulwant Rana. Upon enquiry, they came to know that Smt. Saroj Devi, mother of P.W-5 (Kulwant Rana) and Lok Raj Bahadur, the servant of PW-5 were seriously injured in the process of dacoity and both of them were shifted to Jaipur Golden Hospital. Large amount of blood was found all around the house and that other household articles were also found scattered in the said house. It ultimately transpired that Smt. Saroj Devi died while PW-1 was seriously injured and was not even able to make a statement at that point of time.
(2.) The complaint was registered and subsequently on 07.01.2001 the statement of PW-1 came to be recorded who informed about the involvement of five accused, namely, Ram Nath, Vikram Dass, Manoj Kr. Dass, Triloki Dass along with one Shankar Dass who committed robbery/dacoity in the house of PW-5. In the course of commission of the said offence, they also stated to have used deadly weapons, namely, talwar/rapi and iron door. Pursuant to the bodily injury caused by them, the mother of PW-5 Smt. Saroj Devi succumbed to the injuries, while PW-1 the servant of PW-5 suffered severe injuries.
(3.) Before the trial Court four of the accused out of five involved in the commission of the offence came to be arrested and proceeded against while the fifth accused Shankar Dass was absconding right from the beginning and he was not included in the present prosecution lodged against the other four accused. The Appellants along with the two other accused were charged Under Sections 302, 307, 397 and 412 Indian Penal Code. As many as 31 witnesses were examined on the side of the prosecution. Ultimately the Appellants along with other two accused were convicted for the offence Under Sections 302, 307 and 397 Indian Penal Code with the aid of Section 34 which Section in our considered opinion and in the facts and circumstances of the case, may not be necessary.;