Sandeep Mehta, J. - (1.) The appellant herein has been convicted and sentenced as below vide judgment dated 30.04.2016 passed by learned Addl. Sessions Judge No.3, Bhilwara in Sessions Case No.05/2012: JUDGEMENT_83_LAWS(RAJ)2_2020_1.html
(2.) Being aggrieved of his conviction and the sentences awarded to him, the appellant has preferred the instant appeal under Section 374 (2) Cr.P.C.
(3.) Brief facts relevant and essential for the decision of the appeal are noted hereinbelow:- Dr. Alok Mittal (PW.6) resident of 12-A-2, Old Housing Board, Shastri Nagar, Bhilwara lodged a written report (Ex.P/41) with the SHO PS City Kotwali, Bhilwara on 03.03.2011 at 11:55 pm alleging inter alia that his mother-in-law Smt. Vimla Devi and father-in-law Shri Bhagwati Prasad Aggarwal used to reside in H.No.1-A-4 just a little distance from the house of the complainant. The complainant's wife Smt. Seema (PW.7) went to meet her parents between 8:45 pm to 9:00 pm in the evening on which, she found that the main gate was lying open but the channel gate of the house was locked. She rang the door bell and called out but received no response. She tried to call her parents on their respective mobile numbers but, her father's phone did not respond whereas her mother's phone rang once and then was not approachable. Smt. Seema returned home and told this to the complainant. They again tried to connect both the phone numbers but could not succeed. The relatives of the complainant namely, Pramod Modi and Bhupendra Sanghi were staying at the complainant's house because his in-laws were preparing for the welcoming programme of some Seer, which was scheduled to be held at the house of Shri B.P. Aggarwal. Thus, the complainant thought that his in-laws might be in a meeting and thus, they continued to look out for them but did not succeed. He again went back to the house of Shri Aggarwal and tried to peek through the window on which, he noticed that Smt. Vimla Devi was lying down on the floor in an ensanguined condition. The police was immediately informed and came to the spot. Lock of the channel gate was broken open. The inner door was loosely shut and was pushed open. On going inside, Shri Bhagwati Prasad was seen lying in a blood-soaked condition near the refrigerator. The complainant expressed a suspicion that both his in-laws had been murdered. No one used to reside in the house apart from them and no one was present at that time in the house. Shri Aggarwal had gone to the bank for taking out money a couple of days earlier. A driver named Gopal Gujar had been engaged fifteen days back and he used to stay at their house from 9 O' clock in the morning till 8 O' clock in the evening. He had extensive knowledge as to where the money and the ornaments were kept and as to when and at what instances, the deceased had taken out money from the bank. When they went to the house, the car was lying at the house but the driver was missing. A maid named Chanda Sen used to come to the house of his in-laws for the purpose of sweeping and mopping in the morning and for washing utensils in the afternoon. It was thus stated by the complainant that some unknown person had committed the crime and it was prayed that proper action be taken. It was further mentioned that Smt. Seema could identify the ornaments of her mother Smt. Vimla Devi and the details of the same would be given later on.;