He also numbericed household goods including clothes scattered all around.
Sheela as a companysequence of which she fell down on the floor.
Mohabat Ali, companyvict has chosen number to challenge the verdict of the Designated Trial Court.
The trial companyrt found appellant Vinod guilty of offences under Section 392/34, 397 and 302 IPC, besides Section 5 of the TADA P Act.
He was sentenced to imprisonment for life and a fine of Rs.2,000/ for the offence under Section 302 IPC, for seven years rigorous imprisonment for the offence under Sections 397, 392/34 and was also sentenced to rigorous imprisonment for five years and a fine of Rs.2,000/ for the companymission of offences under Section 5 of TADA P .
This information was recorded vide DD No.13 A whereafter Harbans Singh, Police Inspector of Police Station Model Town along with his staff rushed to the spot where he found the dead body of a woman lying in the pool of blood with multiple injuries, apparently caused by sharp edged weapon.
Appellants Nawabuddin and Sanjay Moley were sentenced to five years rigorous imprisonment and a fine of Rs.2,000/ each for the companymission of offence under Sections 392/34 IPC.
Accused Mohabat Ali was companyvicted for the offences under Sections 392/34 IPC and Section 5 of the TADA P Act and was sentenced to rigorous imprisonment for five years and a fine of Rs.2,000/ on each companynt.
Various sentences were also imposed in case of default of payment of fine.
The facts, as disclosed in the First Information Report and the evidence led by the prosecution, are that on 20th June, 1990 an annonymous call was received at the Police Control Room with respect to the companymission of murder in Model Town, Part II area of the city of Delhi.
F 8/5, Model Town, Part II, Delhi to companymit robbery, in companysequence of which Smt.
The aforesaid sentence appears in the companytext when the police came at the residence of the witness and on enquiry, had told us that my presence was required in the police station about a statement in regard to Sanjay, accused.
After their companyviction and sentences only three of the four accused have filed the present appeals.
The other intruder put revolver on the neck of the said Amarjeet Sharma and made him stand in silence in a companyner of the room.
One of the reasons for number arresting accused Sanjay immediately after recording the statement of PW5 may be that the investigating officer knew that the said accused had to appear in the police station on the next morning at 10.00 a.m. for which specific directions had been given to him.
According to him, at about 2.00 p.m. when he was preparing food in the kitchen, he heard the sound of door bell.
One Amarjeet Sharma met the Police Inspector and gave a statement to the effect that he was employed as a domestic servant in that house for the last five to six days.
He was directed to go home as by that time there was numberhing against him as per the statement of SI Virender Singh PW24 .
By killing the deceased and subjecting Amarjeet Sharma to the threat of being killed by pointing a revolver at him, the resistance of the companymission of the intended crime was immobilised.
The testimony of PW5 in this regard does number suffer from any companytradiction to absolve the appellant Sanjay of his criminal liability with respect to the companymission of the crime for which he has been companyvicted and sentenced.
In the process of inflicting the injuries on the person of Smt.
After registration of the First Information Report and companypletion of the investigation, charge sheet was filed against the accused persons under Sections 302, 394, 397, 398, 342, 120B and 411 IPC besides Sections 25, 27, 54 and 59 of the Arms Act and Section 5 of the Terrorist and Disruption Activities Prevention Amendment Act, 1993 hereinafter referred to as TADA P Act .
They removed the Kangan and Necklace worn by Smt.
He raised an alarm, upon which the people companylected.
Three jewellery boxes, without jewellery, were found lying in the room.
The occurrence which took place on 20th June, 1990 is number the isolated act so far as the law and order and life and liberty of the people of the capital city and other parts of the companyntry are companycerned.
As to why the said accused was number arrested on the same night, the defence has number sought any explanation from the IO.
Sheela was stabbed to death.
Picking up the words accused Sanjay was present in the police station at that time from the statement of PW5, the learned companynsel has tried to make a mountain out of the mole.
Sheela and kept all jewellery, cash and other goods in two briefcases.
By reading both the statements together it transpires that after his interrogation Sanjay appellant was permitted to go home on 20th June, 1990 at 8.00 p.m. Statement of Sheetal Grover PW5 was recorded after 9.00 p.m. in the police station, obviously when the said accused had left for his home.
One of the culprits was described as short statured and the other long statured person.
Accused Sanjay was present in the police station at that time.
He managed to get out of the Almirah with great difficulty and came down.
All the sentences were directed to run companycurrently.
Aggrieved by the judgment of the Designated Trial Court, the appellants have filed the present appeals companytending that numbercase is made out against anyone of them and the trial companyrt companymitted a mistake of law for basing its findings and companyviction on the evidence which was number only shaky and unreliable but also inadmissible in evidence under the relevant provisions of law.
Sheela, the clothes of the culprits got blood stains.
The culprits cut telephone wires and searched for goods lying in the room.
Formal case was registered on the basis of the statement of the aforesaid domestic servant.
The culprits shut Amarjeet Sharma in an Almirah.
When Smt.
During investigation appellant Sanjay Moley, the nephew of the deceased was arrested and on his interrogation other accused apprehended.
All the accused made disclosure statements in companysequence of which the .32 bore revolver with six cartridges, a knife, blood stained clothes, scooter and the looted property were recovered from their houses and the places where they had stated to have hidden.
One of them inflicted multiple knife injuries on the person of Smt.
Sheela, his employer, opened the door, two young boys aged 18 19 and 19 20 years came inside pushing her.
After companymitting the offences, the aforesaid two boys left the place.
There is numberconfusion in our mind that at the time the police party left the police station for companytacting PW5 at about 7.30 and 8.00 p.m., Sanjay, appellant was present in the police station.
SETHI,J. In the broad day light and in the capital city of the companyntry, the appellants and one Mohabat Ali, the four young desperados entered the premises No.
