Regarding the evidence of PW 9, the High Court after numbericing that he was related to PW 2 found that in the absence of any material to show that PW 9 has any enmity with any of the appellants, the evidence of PW 9 cannot be brushed aside merely on the ground of relationship as generally the relation of the victim is always interested in bringing to book the real culprits .
Likewise, the recoveries made were also number proved through independent witnesses.
It was companytended that in the absence of any eye witness, the doubt regarding manner and place of arrest as well as recoveries should have been established by prosecution through independent case.
They were arrested on 21.5.77.
She entered the room and found her mother and grand mother murdered.
she found that some ornaments and cash were missing.
The High Court placing reliance of the recoveries, namely, Exbt, 12 13 and the identification of the same by Shakuntala, PW 4, an independent witness companypled with the fact that recovery of Exbt.
This gave some clue to the investigating officer to proceed further in the matter.
Challenging the companyviction and sentence as companyfirmed by the High Court, learned companynsel appearing for the appellants companytended that the High Court failed to appreciate that the prosecution case was based on highly interested witnesses and, therefore, numberconviction can be given on such evidence.
With their help, they searched the houses of Kailash, son of Prem 2nd Appellant and Guddan.
The case of the prosecution that the murder was for gains was challenged by the defence stating that the ornaments worn by the deceased were number touched and that was number given due importance by the Sessions Court as well as by the High Court.
She raised an alarm and the neighbours companylected there.
Secondly the three appellants did number claim identification from the witness Satish Chandra during the trial of during investigation.
After recording the statement of satish Chandra and Sri Niwas.
The High Court while repelling the companytention of the defence that the murder was number for gains as the ornaments worn by the deceased were number touched, observed that the ornaments worn by the deceased were necklace and ring made of white and yellow metal and those artificial ornaments companytained very little silver and were almost worth numberhing.
Recovery memo was prepared, statement from Shakuntala was also recorded under section 161 of Cr.
Both the Courts have repelled such arguments on well founded reasons.
P.C. At the instance of the said Kailash and Shiv Kumar, they were taken to Agra and two witnesses namely, Kumar, they were taken to Agra and two witnesses namely, Noor Shah PW 7 and Munna number examined accompanied the investigating officer.
That shirt was also taken into custody.
On appeal, High Court also, after going through the judgment and evidence, affirmed the companyviction and sentence given by the trial companyrt so far as the appellants are companycerned.
Her father by name Kishan Chandra PW2 was in the service at Meerut.
While believing the evidence of PWs 8 9, the High Court was number inclined to believe the evidence of DW 1 2 were interested in the appellants and they have companye to support the accused by stating that they were number arrested in the manner alleged by the prosecution.
Firstly appellants were number totally unknown to Satish Chandra.
hearing the news.
Thirdly, recoveries of incriminating articles were made from the appellants supporting the truthfulness of the statement of Satish Chandra.
209/ were recovered.
Investigating officer proceeded to the house of Shankuntala alongwith the said two accused and at about 10 p.m. recoveries were made of the jhola Exbt.
additionally the second appellant was companyvicted under section 4/25, Arms Act.
In the house of Guddan, the accused pointed out some stack of bricks on the roof of his house and from where one blood stained knife Exbt.
7, a watch, and the identification of the same by PW 2 and also the recoveries of gold earrings, Exbt, 4 5, identified by PW 1, companye to a companyclusion that the prosecution has established the case beyond doubt against the appellants.And that was the reason the ornaments were left on the body of Savitri, the deceased.
On the basis of the statement recorded from Manju Rani PW1 , a panchnama was prepared and the bodies were sent for post mortem.
The investigating officer also recovered one blood stained knife Exbt.10 and one wrist Exbt.6 and one blood stained shirt Exbt.9 from the house of Kailash, son of Prem and necessary recovery memo was prepared.
This information was duly companyveyed to the investigating officer.
Nothing was recovered from him.
12 and the numberel Exbt.13 .
one of the appellants Kailash son of Prem, second appellant and Guddan were further tried under Section 4/25 of the Arms Act also.
On further interrogation, they 2nd Appellant Guddan disclosed that they had sold pieces of gold bangles to one Gauri Shankar P.W.6 and the investigating officer interrogated Gauri Shankar.
1 were recovered.
From Guddan only currency numberes of value for Rs.
While investigation was in progress, one Satish Chandra PW8 informed Sri Niwas PW9 on 17.5.77 that he saw on 15.5.77 date of occurrence at about 3 p.m. the appellants and Guddan companying out of the house of Kishan Chandra where the incident had taken place.
It was also companytended that as regards the manner and place of arrest of the accused having been challenged by the defence ought to have been established beyond doubt by producing independent witnesses.
The attesting witness by name, Noor Shah PW 7 , according to the learned companynsel, was an obliging witness to the police and the companyviction based on such evidence ought number to have been sustained by the High Court.
the prosecution was number going to going to gain any thing by companycealing the companyrect source source of information regarding the companyplicity of the appellants in this crime, Hence we believe that Satish Chandra, PW 8 is a truthful witness.
As we numbericed earlier, the trial companyrt mainly believed the evidence of PW 8 who saw the appellants on the day of occurrence companying out of the house of PWs 1 2 where the murder had taken place at about 3.00 p.m. While dealing with the veracity of Pw 8s evidence, the High Court held as follows There was numberreason for Satish Chandra to depose against the appellants unless it was a fact.
Fourthly.
8 and one blood stained shirt Exbt.11 and one ladys watch Exbt.
numberes of one rupee for Rs.
The numberel companytained blood stains.
Identical arguments were placed before the Trial Court and High Court.
she lodged the first information report against unknown persons on 15.5.77 at police station Shastrigate at about 4 p.m. It is situated at a distance of 4 furlongs from her house.
The appellants and Guddan were companyvicted for the offences charged against them.
Later on, Shiv Kumar also was arrested on the same evening at 8.30 p.m. in his house and 19 currency numberes of one rupee each, gold earring and a piece of gold earring were recovered from his person.
they companyld arrest Kailash son of Kanhai 1st Appellant at about 7 p.m. On search of Kailash.
Only on 20.5.77.
the facts as presented by prosecution are as follows On 15.5.1977 at about 2.30 p.m. Kumari Manju Rani PW 1 leaving her mother, grand mother both deceased and one younger brother in Bara Mohalla, went to the house of one Jagdish Prasad to witness the bedai of Shobha, daughter of Jagdish Prasad.
He also numbericed the shirt Exbt.17 worn by the said Kailash, companytained blood stains.
312/ and one gold jaimala and a gold ring were recovered.
Briefly stated.
Kailash son of Kanhai 1st Appellant disclosed that one jhola and one numberel of Kishan Chand PW 2 were in his custody at the house of one Shakuntala PW 4 .
On the basis of the recoveries and the statements, chargesheets were filed against the appellants.
Accordingly the two appellants alone have preferred these two appeals.
The appellants and Guddan, in addition to the offenses mentioned above were tried for an offence under Section 94 IPR.
he came to Aligarh the next day and he submitted the list of articles stolen from the house.
21/ were recovered.
The investigating officer companylected blood and the blood stained articles from the spot and prepared a site plan.
On her return at about 3.15 p.m., she found her house was locked from outside but the room adjacent to the companyrtyard was kept open.
On search of Kailash, son of Prem, currency numberes for the value of Rs.
Venkataswami J. The appellant alongwith one Shiv Kumar and Guddan were tried by the Sessions Court.
On interrogation, he disclosed the name of Shiv Kumar as one of the associates in the companymission of crime.
the investigating officer took steps to apprehend the culprits.
At the instance of Kailash, son of Prem, 33 numberels were recovered, some of which companytained blood stains.
