RAJES KUMAR, J. - (1.) BY means of these two Criminal Appeals arising out of Session Trials No. 222 of 1979, the appellants are assailing the judgment and order of III Additional District Judge, Budaun, dated 30.6.1981, holding the appellants guilty of offence under Section 460 IPC and awarding them five years' rigorous imprisonment.
(2.) THE prosecution case against the accused-appellants is that the appellants in the mid night of 28th February and 1st March, 1979, the appellants barged into the house of Suresh Baboo situated in Mohalla Shahbazpur mentioned above comitted murder of Smt. Nankoo mother of said Suresh Baboo and took away Rs.4200. The allegations is that there was a marriage of the daughter of one Hemraj, brother in law of Suresh Baboo (PW-1) on 28.2.1979, whose house was infront of the house of Suresh Baboo at a short distance. The marriage party was already reached there. Suresh Babo alongwith his sisters went to the house of Hemraj to attend the marriage ceremony at about 8:00 P.M. and remained there. At about 11:00 P.M., Heera Singh (PW-3, saw that all the accused were present near the Bhatti of Triveni Halwai, which was situated near the house of Suresh Baboo and again at about 11:30 P.M., saw that the accused were entering in the lane in the backyard of the house of Suresh Babu. Though, he was acquainted with the appellants, but was not acquainted with the other accused persons, Faheem, Laddan and Dalda. Thereafter, Rajvir (PW-3) saw the accused were coming down from the roof of the house of Suresh Baboo from its back side. At about midnight, that is, 12:00 P.M., the younger sister of Suresh Baboo went to the house when she pushed the door to open it and entered inside, she saw her mother Smt. Nankee lying on the Charpai in inured condition. There was injury on the neck of Smt. Nankee and it was bleeding. Her legs were hanging down from the cot. The articles of the house were lying here and there. Sister of Suresh Baboo called the neighbourers and others. Smt. Nankee was found unconscious in injured condition. She was breathing slowly. A Sirhi (Ladder) was kept in the court yard of the house and near the Sirhi blood stained Baniyan was lying. There were marks of blood shoes etc. on the roof where the sirhi was kept with the wall. The articles in the room were found scattered here and there and Rs.4200/= kept in a hand bag hanging on a peg in the room above the said room were also found missing. Suresh Baboo with the help of his neighbours took her mother to the Hospital, but she died before reaching the hospital. Suresh Baboo lodged a written complaint (Exy. Ka-1) about the incident at Police Station Kotwali in the same night at about 2:15 P.M. naming Teepu and Tanni with the allegations that they were involved in the incident. On the arrest of the accused Teepu on 2.3.1978, blood stained pant (Mat Ext. 1) and shirt (Mat.Ext.2) were recovered from a box inside the house and after the arrest of another accused Laddan on 3.3.1979, blood stained knife (Mat. Ext.3) was recovered from his fuel wood stall on his information. It was claimed that at the time of the incident, Teepu was wearing said pant and shirt and the knife recovered was used in the attack on Smt. Nankee. After the arrest, accused, Faheem, Laddan and Mohd. Swaeb were put to identification test. Rajveer (P.W.3) identified all the three accurately and Heera Singh (P.W.2) identified accused Laddan and Mohd. Soweb, but he committed a mistake in identification of accused Faheem. On Chemical examination, the paint, shirt and knife and certain other cloths of the deceased were found stained in blood. After investigation, the police submitted the chargesheet (Ext. Ka.5) against the accused on 24.3.1979
(3.) IN order to prove the prosecution case and to prove the charges levelled, as many as 16 witnesses were examined and 32 documents marked as Ext. Ka.1 to Ka 32 were produced apart from Material Ext. 1 to 15. The main witnesses who were examined are P.W.-1 Suresh Baboo, P.W.-2- Heera Singh, PW-3- Rajveer Singh, PW-10- Inspector- Ved Pal Singh and PW-5-Tota Ram. On the basis of the statement of the witnesses and the materials on record, the Trial court has held the appellants alongwith other accused guilty of offence under Section 460 IPC and awarded five years rigorous imprisonment.;