- (1.) In FIR No. 554 dated December 3, 2005, it was an allegation against the appellant and his co-accused Man Bahadur and Lal Bahadur that they, in the intervening night of 2 nd and 3 rd December, 2005, had committed lurking house trespass in house No. 156, Sector 6, Panchkula. In the process, they murdered Algu Ram, a watchman of the house. During investigation, Lal Bahadur could not be arrested and was declared a proclaimed offender. Investigation was concluded against the other two accused.
(2.) After trial, vide judgment dated July 19, 2008,, accused appellant Man Bahadur was found not guilty and acquitted whereas qua Arjun Bahadur , appellant, it was stated that the prosecution has proved its case beyond a reasonable doubt and accordingly he was convicted for commission of offences under Sections 302, 458, 397, 342, 460, 506/34 IPC. Vide order dated July 21, 2008, the appellant accused, besides other lesser punishments, was sentenced to undergo R.I. for life each and to pay a fine of Rs. 5,000/- each under sections 302/460/34 IPC. Hence this appeal. The process of law was set in motion on a statement Ex. PB/3 made by Sunder Lal Gupta (PW14) at 11.30 AM on December 3, 2005. His statement was recorded by S.I. Ramesh Chander (PW17). FIR Ex. PB/1 was recorded in Police Station Sector 5 Panchkula at 11.45 AM on December 3, 2005. The trial Judge has noticed the following facts regarding case of the prosecution: "That accused Lal Bahadur (since declared proclaimed offender) and his brother-in-law (Sala) Arjun, in the night intervening 2.12.2005 and 3.12.2005, after sunset and before sunrise, in the area of Police Station Sector 5 Panchkula, having made preparation for causing hurt, criminally trespassed into the dwelling house of one Raj Kumar Khattar bearing No. 156, Sector 6, Panchkula, forcibly obtained the keys from one Sunder Lal Gupta i.e. the complainant, a domestic servant of the said house at the dagger point, wrongfully restrained the complainant at the dagger point, committed robbery in respect of the household articles lying in the said house and in the process murdered one Algu Ram, another domestic servant of the said house by way of silting his throat with the dagger. It was further alleged that the accused Man Bahadur, on 10.12.2005 had dishonestly retained in his possession the Cycle Marka Anron knowing or having reasons to believe the same to be the stolen property. Out of the accused aforesaid, the accused Lal Bahadur had joined the service with the owner of the house about 1- months ago. In the previous evening, the accused Lal Bahadur after having taken his meals had gone to his brother i.e. the accused Man Bahadur who had been living in the same sector 6, Panchkula. Prior to the incident, the complainant Sunder Lal Gupta had been sleeping in the drawing room inside the house where the said Algu Ram had been sleeping in a verandah type porch of the said house. At the time of incident at about 1.30/ 2.00 a.m., the complainant Sunder Lal Gupta heard some noise relating to talking of someone. When the complainant Sunder Lal Gupta came out, he saw that the accused Lal Bahadur Thapa and his brother-in-law Arjun were standing in the verandah type porch with daggers in their hands. The complainant knew the said Arjun who used to visit the accused Lal Bahadur Thapa. The said Algu Ram at that time was not on his cot. Both the aforesaid accused forcibly obtained the keys of the house from the complainant at dagger point. Out of the aforesaid accused, the accused Arjun wrongfully restrained the complainant at dagger point while the accused Lal Bahadur Thapa went inside the house and started committing robbery after unlocking the room. After about an hour, the accused Lal Bahadur Thapa came out having two bags in his hands and thereafter both the accused ran away with the said bags. While decamping, the accused also threatened the complainant to kill if he narrated the incident to anybody. Thereafter, the complainant went inside the house and found that the blood sneared corpse of said Algu Ram was lying on the floor of his room. The complainant got bewildered but since the owner of the house namely Raj Kumar Khattar had gone out of station, so, he reported the matter to his relative namely Palka Monga resident of Kothi No. 48, Sector 6, Panchkula."
(3.) After recording statement of Sunder Lal (PW14), the Investigating Officer SI Ramesh Chander (PW17) prepared a rough site plan Ex. PT of the place of occurrence with correct marginal notes. He also prepared inquest report Ex. PH on the dead body and sent it for post-mortem examination, which was conducted by Dr. Usha Kumari (PW7) on December 3, 2005, at 4.45 PM. In the meantime, Investigating Officer took into his possession a steel knife from the back side room, which was found lying on a table, it was taken into possession against a recovery memo. Blood was lifted from the room with cotton swabs and it was put in a plastic container against a recovery memo. One more knife which was lying in front of the house was also recovered and taken in possession against recovery memo Ex. PL.;