On the fateful day on 25.5.90 a telephonic message was received from PW1 that the son of the Additional District Attorney has been murdered by somebody with knife which information was entered in Daily Diary Report in the Police Station Sadar Bilaspur.
Conduct of accused Sanjiv Kumar in leaving the place and roaming under suspicious circumstances and on being en quired by PW 22 giving a false explanation.
The medical evidence companyroborating that the knife companyld be used for causing the injury on the deceased and the identifica tion of Sanjiv Kumar by the prosecution witness.
These 4 appeals stood disposed of by the High Court by judgment dated 20th September, 1996, whereunder the companyviction and sentence of accused Sanjiv Kumar under Sections 302/120B and 201 was affirmed.
The State also preferred two appeals against accused Sanjiv and accused Kamlesh and other against accused Lekh Raj for enhancement of sentence awarded by the learned Sessions Judge.
Recovery of knife Exhibit P 4 at his residence while in custody.
But, so far as accused Lekh Raj is companycerned, though his companyviction under Section 212 IPC was upheld but the sentence was modified to the period already undergone.
The District Inspector of Police PW36 transmitted the message on telephone to the Incharge City Police which was received by PW35 who was directed to proceed to the spot.
Similarly the companyviction and sentence passed against accused Kamlesh Tyagi was also affirmed.
The eldest daughter Chanchal, was a classmate of the deceased and the family of the accused and the family of the deceased were on visiting terms.
But Kamlesh told PW19 that he should restrain his son from meeting Chanchal.
Learned Sessions Judge relied upon the following circumstances to bring home the charge against accused Sanjiv Kumar.
Said PW35 then immediately proceeded and at the place of occur rence recorded the statement of Rajeev PWl which was treated as an FIR.
The prosecution case in nutshell is accused Sanjiv Kumar is nephew of accused Kamlesh being her brothers son.
The appeals filed by the State for enhancement of sentence were also dismissed and hence the present appeals.
The accused persons on being companymitted stood their trial and were ultimately companyvicted by the learned Sessions Judge, as already indicated.
Sometimes later the family of the deceased shifted themselves from agricultural companyony to Dhora as PW19 the father of the deceased got an official accommoda tion at Dhora.
Against their companyviction the accused persons preferred two appeals Criminal Appeal No.
Recovery of clothes of the accused Sanjiv Kumar which he was wearing at the time of occurrence from the house of Kamlesh which on chemical examination were found to be stained with human blood.
The father of the deceased was at relevant point of time posted as Additional District Attorney cum Public Prosecutor at Bilaspur.
It was also alleged that several threats were given by Kamlesh and Sanjiv to the deceased.
The police then started investigation and after companypletion of investigation filed the chargesheet as already stated.
PW19 in fact met Kamlesh on one occasion and requested her to refrain her daughter from meeting the deceased.
In the absence of any direct evidence relating to the murder of the deceased the learned Sessions Judge as well as the High Court based their companyviction on the circumstantial evidence.
Sanjiv was seen going in the house of the deceased at about 10.15 a.m. by PW 34 and he was seen companying out of the house of the deceased immediately after the occurrence by PW1.
The further prosecution case is that deceased had developed some intimacy with Chanchal which was number approved of by the father of the deceased.
Accused Kamlesh had 4 daughters.
Both the families of the deceased were on visiting terms.
Both the families were residing in the same companyony in Bilaspur.
121/93 and Criminal Appeal No.
125/93.
Shortly after the occurrence Sanjiv Kumar went to the house of PW 2 Sapna when his clothes were blood stained and he requested Sapna to get clothes for being changed from the house of the second accused Kamlesh.
