G.P. Mittal JUDGMENT
S. Ravindra Bhat, J.
1 The present common judgment will dispose of the above four connected appeals. All the accused/Appellants were convicted by the trial court under Sections 302 read with Section 34, IPC; the Appellant Savita, in addition, was convicted under Section 203 IPC.
2. The case of the prosecution in brief is that on receipt of DD No. 38A at about 2:24 AM on the night intervening of 02-03.12.1994, SI Sardar Singh reached at H. No. 29/156, West Patel Nagar and found Manoj Girotra (the deceased) son of Jagdish Rai lying on the floor in a pool of blood in the first floor drawing room; blood was scattered on the floor, on the pillow and bed sheet. There were number of knife blows on the deceased's body. The bedroom almirahs were open, empty jewellery boxes were also lying on the ground. SI Sardar Singh recorded the statement of the wife of deceased Manoj (hereafter "Savita") who was present at the spot. She disclosed that she along with her husband was watching the film "Burning Train" on TV and at about 1:30 AM, after the film got over they were conversing in their room on the first floor. Someone knocked the door; Manoj opened the door and three persons armed with knives entered the premises. One of them held a knife at the deceased's neck and took him to the drawing room. Another person held the knife at her neck and demanded the almirah keys; the third man took out gold ornaments from the almirah. All of them were to leave, but the man holding the knife to her, tried to tease her; he tore her clothes. When her husband Manoj protested, he was given knife blows at many places on his body by the intruders. As a result, Manoj fell down and all the three intruders fled from the spot. She raised alarm and her father-in-law's cousin Mahender Lal and others from the locality went upstairs.
3. It was alleged that after initial investigation, SI Sardar Singh found no clue in the case. He handed over investigation to Inspector Rajbir Singh, of Special Investigation Branch who found suspicious activities on the part of Savita and her family guru Swami Rameshwaranand Giri (hereafter "the swami"). On 13.09.1995 the swami was arrested and one letter written by him to Savita was seized from him, addressed to her as his lover and wife. After finding clues against Savita, she was arrested and on 13.09.1995. Accused Raj Kumar and Jagdish Lal were also arrested and on 17.09.1995 accused Ravi Chauhan and Ashutosh Banerjee were arrested. Accused Om Prakash @ Omi could not be arrested by the police and was declared as proclaimed offender.
4. It was alleged that the swami was interrogated; he disclosed being very close to the family of Saudagarmal Sethi, Savita's father and in the year 1994 when he was ill, he remained in their house and had a physical relationship with Savita. Savita's marriage was solemnized on 10.10.1994 with Manoj and the swami blessed the couple. After the marriage, according to the prosecution, the swami and Savita kept on meeting each other, and in one such meeting, they conspired to kill Manoj and asked for assistance from one devotee accused Raj Kumar. He arranged for the killers; the swami paid `40,000/-to the killers. On 15.11.1994 accused Raj Kumar took his co-accused Ravi Chauhan on his motor cycle No. DIW 1149 to Patel Nagar and according to the plan, Savita along with her husband Manoj went to Hanuman Mandir on their scooter. Accused Raj Kumar and Ravi Chauhan started chasing them. On reaching Shankar Road, near the petrol pump, Savita dropped her slipper intentionally, ensuring that the scooter stopped and alighted from it to retrieve the slipper. Raj Kumar ........