- (1.) Challenge in this appeal is to the judgment and order dated 7.8.2007, passed by Additional Sessions Judge Fast Track Court No. 4, Varanasi in S.T. No. 96 of 2004, whereby appellant Ghan Shyam Seth has been found guilty for the offence punishable under section 411 IPC and had been sentenced to undergo rigorous imprisonment of one and half years with fine of Rs. 3,000/- with default stipulation. Appellants Sanjay Harijan and Mohd. Sartaz have been convicted under section 302 and 392 IPC and each has been sentenced to undergo imprisonment for life and fine of Rs. 8,000/- and and seven years R.I. with fine of Rs. 5,000/- respectively with default stipulation. Since both the appeals emanate from common judgment of the learned trial Court, therefore, they have been heard together and are being decided by this judgment.
(2.) Succinctly stated the facts of the case are that on 29.8.2002 at 8.45 a.m. Salah-uddin son of Akbar Ali r/o Chandupura, P.S. Adampur, District Varanasi submitted his written report in P.S. Adampur, wherein he stated that in the night of 28/29-8-2002, his mother Batulan Bibi aged 80 years, niece Salika Bibi aged 12 years and Saina Bibi aged 7 years were sleeping in the front room of ground floor of the house. They did not come out from the room till 6.00 a.m. on 29.8.2002, so his sister-in-law Vashil Bano went in their room to wake them up, but there was no response, so she informed the complainant and his wife. When the complainant went to the aforesaid room, he found his mother and niece Salika Bibi dead. On search it was found that the jewellery of the mother worn by her and kept in the box was missing. On enquiry his niece Saina Bibi told him that an unknown person having mustaches came in the night and slept by her side. He threatened her to kill, if she spoke and said that they have killed two persons. The complainant suspected that some unknown persons have killed her mother and niece by throttling their neck.
(3.) On the basis of this report case at crime no. 170 of 2002 under section 460 IPC was registered in P.S. Adampur, investigation whereof was taken up by S.O. Shiv Ganesh Gautam. He immediately rushed to the spot, where the complainant gave the list of stolen jewellery and thereafter he interrogated the complainant and Saina Bano. At the instance of of the complainant he prepared site plan and also inspected the three iron boxes and attachie found in the room. The Kundi of the boxes was broken. Inquest of the cadaver of the deceased was conducted at 11.00 a.m. onwards and they were sent for autopsy in a sealed cover along with the usual papers.;