Decided on April 16,2013



- (1.) Since both the appeals have been preferred against the same judgment and order dated 29.07.2008 passed by Additional Sessions Judge / 1st FTC, Dehradun in Sessions Trial No. 17 of 2007 whereby accused Phool Chand was found guilty for the offences punishable under Section 396, 201 IPC and sentenced to undergo life imprisonment and to pay fine of Rs. 10,000/-, failing which to undergo six months' additional rigorous imprisonment for the offence punishable under Section 396 IPC; sentenced to undergo 3 years rigorous imprisonment and to pay fine of Rs. 5,000/-, failing which to undergo three-months additional rigorous imprisonment for the offence punishable under Section 201 IPC, so both the appeals are being disposed of by this common judgment.
(2.) As per the content of FIR lodged by PW1 Saroj Bala, on 25.11.2002, when she went to meet his brother Mukesh, at his residence situated at 26, Aadhat Bazar, Dehradun, she found his shop locked; she made inquiry from PW3 Surendra, who ran a Betel shop in front of his brother, to know the whereabouts of Mukesh and his family; he told her that he had seen her brother on the last Thursday at about 08.00 p.m. leaving his shop-cum-house in order to attend a marriage, thereafter, he had not seen them. On this, she made enquiries from other neighbours and being not satisfied, she went to her Aunt's house (BUAA father's sister) and therefrom, she along with her cousins Raj Kumar (PW7) and Anil Kumar, came back on the spot and having obtained the key of shop from one loader namely Asha Pal opened the shop entered therein where they found Mukesh Kumar, his wife Neelam and two sons namely Siddharth and Yash were lying dead and they also noticed that household articles were scattered; on enquiry, she came to know that two other loaders, who were working with her brother Mukesh, namely Phool Chand, son of Chucha and Viddhan, son of not known were missing from the fateful day, so she believed that Phool Chand and Viddhan along with their other companions, after committing loot in the house of Mukesh, had murdered her brother Mukesh, sister-in-law Neelam and their children Siddharth and Yash.
(3.) On the report of PW1, police registered a case against Phool Chand and Viddhan for the offences punishable under Section 302, 394 IPC. On 26.11.2002, PW1 has submitted another application before the police stating that having searched the house, they came to know that miscreants had looted gold and other ornaments, which were mentioned at serial no. 1 to 19 in the application and she and her elder sister Meenakshi, could identify those articles, if the same were recovered.;

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