J.K. Maheshwari JUDGMENT
J.K. Maheshwari, J.
1. Leave granted.
2. The instant appeal is preferred by the Accused against final judgment dated 17.10.2019 passed by High Court of Punjab and Haryana at Chandigarh in CRA-D-257-DB-2003 (O&M), whereby the Division Bench of High Court declined to interfere with the judgment of the Sessions Court dated 04.02.2003 by which the Appellant was convicted for the charge Under Section 302/120-B of Indian Penal Code ('IPC') and directed to undergo imprisonment for life and pay fine of Rs. 1000/-, in default further rigorous imprisonment for six months. The Appellant was also convicted Under Section 342/120-B of Indian Penal Code and was sentenced to rigorous imprisonment for six months with an order to run both the sentences concurrently.
3. The prosecution story in brief is that on 03.04.2000 while a police party headed by inspector Atma Singh (hereinafter referred to as 'the Investigating Officer/IO') of Police Station, Kotwali Amritsar was on patrol duty at Chowk Katra Jaimal Singh, received information regarding murder of deceased Banarasi Dass. The police party went to the house of deceased, where complainant Leela Wati, wife of deceased made the complaint and her statement was also recorded by IO. It is stated that she was residing with the deceased in a house at Katra Jaimal Singh, Amritsar on first floor. The deceased used to work in the shop with his son Vinod Kumar, which was in the name and style of Sunder Shoes. On the intervening midnight of 2/3.04.2000 they were sleeping in their house, when she woke up suddenly saw that a Sikh youth wearing a white kurta payjama and patka of the same colour on his head, aged about 35/36 years along with a clean shaved person, aged about 30/32 years have entered in the house. Sikh youth was armed with a dagger/chhura, who first strangulated her husband Banarasi Dass thereafter, gave dagger blows above the stomach while lying on the bed. The Sikh youth demanded keys of Godrej almirah from the complainant, which out of fear she handed over. She was locked in a bathroom by them. Both the intruders looted gold ornaments, cash and other articles and went back. The chowkidar rang the call bell but because she was confined in the bathroom so could not open the door. In the morning, the chowkidar with the help of other persons opened the door of house and also of bathroom, then, she came out. On initial search, she found that the intruders had taken away six gold bangles, Rs. 7000/- in cash and other articles of gold including cash from the wooden almirah also. The IO after making some endorsement below the statement of complainant sent ruqa to the police station, on the basis of which, formal FIR No. 51 dated 03.04.2000, was registered of the offences Under Sections 460, 342, 120-B and 34 of Indian Penal Code at Police Station Kotwali, Amritsar.
4. The IO carried out the