Decided on July 18,2013

Janardhan Tiwari Appellant


- (1.) The convict appellant Janardhan Tiwari is languishing in jail in this case eversince the date of his arrest on 26.2.2005. He has challenged the judgment and order of conviction dated 10/11.5.2010 rendered by learned Additional Sessions Judge, Dehradun in Sessions Trial No. 71/2005, wherein he was found guilty for the offence of Section 302 and 307 IPC. He was appropriately sentenced.
(2.) Behind the genesis of this prosecution case is the murder of an old widow lady of about 65 years age in the intervening night of 25/26.2.2005, while she was present along with her 32 years' old daughter in her house situated at New Cantt. Road, Ravindra Colony, Dehradun. This old lady was Smt. Nirmala Chanana. She used to reside all alone in her house after the death of her husband, while her daughter Km. Abhilasha Chanana (still unmarried then) had come from Gujarat for few days to live with her mother in connection with preparations of her marriage, which was to be solemnized in a couple of months later. Accused Janardhan Tiwari was also the resident of the same Mohalla. As per the version of the FIR lodged in the police station by Km. Abhilasha Chanana in the same intervening night at 21.30 to 22 hours, the accused entered in her house while she was sitting with her mother in her bedroom. Being the resident in the vicinity, Km. Abhilasha Chanana was in acquaintance with him. The accused strived to draw the attention of Km. Abhilasha Chanana and her mother by saying that certain unknown persons were on the roof of their house. Smt. Nirmal Chanana asked him not to disturb them and to return back. The accused instead of following the directions of Smt. Nirmal Chanana, began scuffling with her. He whipped out a knife and stabbed the same on the neck of Smt. Nirmal Chanana, who fell down on the earth and became blood-soaked. Km. Abhilasha tried to save her mother, but the accused also started grappling with her. In addition to this, she was also allegedly given the blows of knife and thus she suffered injuries at several parts of her body. On hearing the noise, the neighbourers assembled there, but the accused had escaped along with the knife before the neighbourers could come at the spot.
(3.) Police forthwith came into motion. On receiving the phone call of the police, PW1 Manoj Kapoor, who was a man of acquaintance with Chanana family, reached at the spot and, on the dictation of Km. Abhilasha, he reduced the FIR Ex. Ka-1 into writing. The same was given at the police station. Chick report is Ex. Ka-2. The accused Janardhan Tiwari was arrested by the police on 26.2.2005. The arrest memo is Ex. Ka-18. At the instance of the accused appellant, bloodstained weapon (knife), one pair of slipper and one bloodstained stick were recovered from the nearby bushes of his house on 26.2.2005 at about 2 PM. The recovery memo is Ex. Ka-10. Besides, the police also recovered certain hair from the right hand fist of the deceased, which were possibly of the accused. The recovery memo is Ex. Ka-4. That apart, bloodstained soil and bloodstained button of his shirt lying near the dead body were also recovered on 26.2.2005. Recovery memo thereof is Ex. Ka-5. A bed sheet having the bloodstains was also recovered. Its recovery memo is Ex. Ka-6. One jacket and one shirt of the accused, which were extensively bloodstained, were recovered from the house of the accused from the possession of Smt. Anita Tiwari (wife of the accused). One button of that shirt was also found detached. The recovery memo of the jacket and shirt is Ex. Ka-12. When the accused was arrested, he was wearing the same pant, which he had worn at the time of incident. It was taken in the possession by the police. The recovery memo is Ex. Ka-17.;

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