Kanwaljit Singh Ahluwalia, J. - (1.) Kesar Devi aged 75 years and her husband Kishori Lal were residing separately in two adjoining houses in Hisla Village on Narainpur Road, District Alwar. Kesar Devi deceased, aged 75 years, and her husband Kishori Lal (P.W.1), aged 80 years, were blessed with four children. Three sons were residing in Assam and another son Murlidhar (P.W.2) was residing at Chandigarh. In old age also to the annoyance of her husband Kishori Lal (P.W.1), Kesar Devi was engaged in money lending and for advancing loan she used to retain gold and silver jewelry/articles pawned by the borrowers. Therefore, relations between husband and wife were not very cordial. They used to sleep in separate adjoining houses, but meals were cooked for Kishori Lal by his wife deceased Kesar Devi. On the intervening night of 21.9.2007 and 22.9.2007 in order to commit theft, accused committed lurking house trespass, took away gold, silver and household articles and in the process of committing theft caused murder of Kesar Devi.
(2.) Kishori Lal (P.W.1) presented written report (Ex. P.1) before Mannu Singh (P.W.12) who was then posted as S.H.O., Police Station Thanagaji. Written report (Ex. P.1) when translated into English reads as under: - "To,The SHO Sahib, P.S. Thanagaji. Sir, It is submitted that after constructing a house at Ghata Bus Stand, I am residing there. My wife Kesar resides in a separate house. Yesterday evening she had called me to take meals. I brought my meals in other house and after taking my dinner, I slept. I have four sons. They are residing outside. My wife do the business of advancing loan to various persons. I have restrained her, but she quarrel with me. Today night my wife was sleeping in her house. Somebody after tying her hands and feet, has committed her murder. She has received injuries on her face. Some unidentified people had taken away the goods from the wooden boxes. I am not aware how much goods have been stolen as my wife was engaged in money lending. Report is presented. Action be taken. Dt. 22 -9 -07 Sd/ -Kishori Lal"
(3.) On the basis of above written report (Ex. P.1) formal FIR (Ex. P.26) bearing No. 111/07 was registered at Police Station Thanagaji, District Alwar.;