The main legal point established in the judgment is the reliance on circumstantial evidence, including the recovery of stolen articles from the possession of the accused, their familiarity with the victims, and their conduct, to establish their involvement in the robbery and murder beyond reasonable doubt.

S.P. GARG, J.

1. The appellants Bharat Bhandari (A-1) and Pradeep Dutta @ Bappi Dutta @ Bengali (A-2) have preferred the present appeal against the judgment dated 28.01.2010 and order on sentence dated 02.02.2010 of learned Additional Sessions Judge in SC No.57/2009 by which they were convicted for committing the offences punishable under Sections 302/392/34 IPC and sentenced to undergo imprisonment for life with a fine of Rs.10,000/-each under Section 302/34 IPC and rigorous imprisonment for ten years with a fine of Rs.5,000/-each under Section 392/34 IPC. Both the sentences were to operate concurrently. Briefly, the facts of the prosecution case are as under :

2. Lt. General Harnam Singh Seth (retired) aged 85 years and his wife Smt.Roop Seth aged 82 years were resident of Flat No.272, Vasant Enclave, Vasant Vihar. On 20.06.2004 at about 11.10 A.M. on getting information of their murder, DD No.11A (Ex.PW-13/C) was recorded at police station Vasant Vihar. The investigation was assigned to ASI Ram Nath who with Const. Ram Kesh reached the spot and found two bodies of a male and female having head injuries in the bedroom on the first floor. The house-hold articles were found scattered. Insp.Narayan Singh reached the spot. No eye witness was available at the spot. He sent rukka (Ex.PW-36/B) for lodging First Information Report (FIR). He prepared the site plan; sent the bodies for post-mortem examination; seized two elephant tusks, blood stained clothes, brick, iron churi, iron pipe, iron angle, pair of chappal, one foot print and prepared necessary seizure memos.

3. On 21.06.2004, Insp.Beer Singh, SHO took over the investigation. During the investigation, Sohan Singh (brother-in-law of A1) received A-1’s telephone call on mobile from Gorakhpur. The IO faxed message along with photographs of the accused (A-1 and A-2) to SSP, Gorakhpur to apprehend the suspects. The police from PS Purandar Pur (UP) succeeded to apprehend A-1. On search, a purse containing Rs.1,600/-; other cash Rs.4,500/-, Motorola mobile set, two medals (one of gold colour and the other of white colour), two cuff links (of gold colour) were recovered from his possession. On checking the attachee-case, it was found containing Rs.2,500/-and ladies suits. The accused was also found wearing Rado watch. On interrogation, A-1 confessed committing the murder of Harnam Singh and his wife.

4. A-1 was brought to Delhi on 25.06.2004 and during his police custody remand, cash Rs.6,000/-, a jeans pant and a shirt were recovered from house No.251A, Second floor, Munirka at his instance.

5. On 22.06.2004, PW-36 (Insp. Narayan Singh) went to Calcutta in search of A-2. On 24.06.2004, after coming to know his availability at Nagartalla, he reached local PS Canning and joined SI G.C. Mandal. A-2 was arrested and in his personal search, Rs.409/-and some papers were recovered. A-2 got recovered cash Rs.2,600/-from the ‘jhuggi’ of his relative at Nagartalla. At Delhi, A-2 led the police to house No.146B, Basant Gaon and recovered one silver colour wrist watch and other articles. He also recovered his pant and T-shirt from the ‘taand’ of the room.

6. Case property recovered was put to test identification proceedings and the concerned witnesses identified the same. The IO sent the exhibits to Forensic Science Laboratory (FSL) for examination and collected its reports. After completing the investigation, a charge-sheet was filed against the accused in the Court. The accused were duly charged and brought to trial. To substantiate the charges, the prosecution examined thirty eight witnesses in all, at the trial. The statements of the accused were recorded under Section 313 Cr.P.C. They denied the allegations and pleaded false implication.

7. After appreciating the evidence and considering the rival contentions of the parties, the Trial Court by the impugned judgment convicted both the appellants under Sections 392/302/34 IPC. Aggrieved by the said orders, the appellants have come