- (1.) These two appeals are directed against the common judgment of the Delhi High Court in Criminal Appeal nos.430 of 2002 and 328 of 2005. It needs to be noted that by the said common judgment three appeals i.e. Criminal Appeal nos 430/2002, 545/2003 and 328/ 2005 were disposed of.
(2.) Appellant-Mahabir (appellant in Criminal Appeal no.932 of 2007) was appellant in Criminal Appeal no.430 of 2002 and appellant Jalvir (appellant in Criminal Appeal no.1475 of 2007 was appellant in Criminal Appeal no.328 of 2005). Each of them was convicted for offence punishable under Section 394 read with Section 34, and section 302 read with section 34 of the Indian Penal Code, 1860 (in short 'IPC'), and was sentenced to imprisonment for 10 years with fine and imprisonment for life with fine respectively, with default stipulation in each case for the aforesaid offences.
(3.) Background facts in a nutshell are as follows: 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 her door bell ringing and her maid servant Kamla @ Kharpai went to open the door. Accused Jalveer who is related to the complainant along with his three associates entered the house. Complainant was standing in the balcony where all the four reached. All the three associates of 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 made enquiries about gold kept in her house and when she did not give any information, they kicked her on her stomach. They removed a gold chain along with locket and jumkas with chain from her ear. When Kamla, the maid servant of the complainant, tried to intervene, two of the associates of the accused Jalveer tied a blouse around the neck of the complainant as a result of which she became unconscious for sometime. After sometime she heard the screams of Kamla @ Kharpai, her maid servant, and when she saw, a nylon string was tied around her neck and she was lying on the floor, Jalveer along with his associate thereafter 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 were arrested by the police of police station Hazarat Nizamuddin. A VCR, ear rings of this case belonging to complainant were recovered from their possession. They 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 recovered from the accused Mahabir and Mahesh was done by the Metropolitan Magistrate. The complainant correctly identified the articles as well as the jewelery 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 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 the complainant. Accordingly, challan was filed. After complying with the provision of Section 207 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') learned Metropolitan Magistrate committed the case to the court of Sessions which in turn assigned the same to learned Additional Sessions Judge for trial in accordance with law. ;