Mohd. Yamin, J. - (1.) These are three connected appeals and are being disposed of by this single judgment. Regular appeal No. 523/94 was preferred by Smt. Anita Bhatia while appeal No. 499/94 was preferred by Raju @ Ashok @ Kalu from Jail. Shri Sandeep Mehta was appointed as amicus curiae on behalf of Raju @ Ashok @ Kalu. Appeal No. 168/95 was preferred by State to enhance the sentence of life imprisonment to capital punishment to both the accused perspns.
(2.) Briefly stated the facts of the case are that Sanjay Bhatia, brother of deceased Ravindra Bhatia, on 30.8.93 at 1.00 a.m. submitted report to the SHO, Kotwali, Sriganganagar stating that at about 12.15 a.m. a watchman rang the bell of his house. When he came out, he found that 2 to 4 employees of Pratap Kesri news paper were standing outside. The watchman told that some incident had taken place in the house of Ravindra Bhatia. Sanjay went towards the house of his brother and he found that his sister-in-law accused Smt. Anita was weeping and told that somebody had killed her husband. Then he went inside the house and found that the dead body of Ravindra Bhatia was lying in the kitchen. He also found that Ravindra Bhatia had quite a good number of wounds and blood was coming from them. It was also found that a rope was tied to his neck. FIR No. 346/93 under Section 302 Indian Penal Code was registered and investigation was started.
(3.) Site was inspected and site plan Ex. P/47 was prepared. It was found that the house, in which the family of Ravindra Bhatia was living, was half constructed. The size of the kitchen was 10x10 feet and the way to go to bathroom and latrine was through this kitchen. A broken earthen pitcher was lying in the kitchen and its water was spread. A chunni of black colour, a small towel and a red piece of cloth drenched with blood were also found in the kitchen. Blood was found on small steel tank, gas cylinder and plastic bottle which were lying in the kitchen. An HMT quartz watch was also lying. The kitchen had two windows which were closed. The kitchen had a door opening towards west in the bedroom. An earthen pitcher in broken condition was found near this gate. Kitchen had a wash-basin and some spots of blood were found on it. Curtains were hanging on the main door of kitchen as well as on windows. These curtains had some blood stains. The door in between the bed room and kitchen was open and the bedroom had a double bed. A pressure cooker containing cooked rice and a white pot containing chapatis as well as a steel utensil containing water were found present on the double bed. On a side stool spectacles of a child were placed. Two other spectacles were also lying in the bed room. A pair of chappals belonging to Ravindra Batia was lying in the bed room. It was apparent that the house was not ransacked. The son of the couple Udai used to sleep in the adjoining bed room. This bed room had a main door in the varandah. It was found that construction work was being carried on and a rope made of jute was being used in order to dry washed clothes. House of Jogendra Singh was situated on the eastern side and of Madanlal on the western side. House of Ravindra Batia was situated on the main road just opposite Public Park where he lived with his parents.;