The main legal point established in the judgment is the reliance on independent witness testimony to establish the presence of the deceased's wife at the crime scene and the application of common intention and robbery provisions in the court's decision.

Pradeep Nandrajog, J.

1. Three accused named Dhanvir, Chander Pal and Sita Ram (appellant) were jointly tried for an offence punishable under Section 302/34 IPC as also for the offence punishable under Section 392/397/34 IPC and for an offence punishable under Section 25 of the Arms Act.

2. Vide decision dated February 27, 1998, the three accused were convicted for the offence punishable under Section 302/34 IPC. Chander Pal and Sita Ram were found guilty of the offence punishable under Section 392/34 IPC as also for the offence under Section 25 of the Arms Act. Dhanvir was found guilty of the offence punishable under Section 392/397/34 IPC as also for the offence punishable under Section 27 of the Arms Act.

3. For the offence punishable under Section 302 IPC all of them were sentenced to undergo imprisonment for life. Sentences imposed upon the three for other offences were directed to run concurrently.

4. Whereas Crl. Appeal No.110/1998 and Crl. Appeal No. 302/1998 filed by Chander Pal and Dhanvir respectively were dismissed by a Division Bench of this Court on March 10, 2000, instant appeal continued to languish in the record room of this Court for the reason appellant preferred the same on December 19, 2000 after spending more than 11 years and one month in judicial custody.

5. It is apparent that the instant appeal was filed after the two appeals filed by the co-accused were dismissed by this Court on March 10, 2000.

6. Notwithstanding said fact, we had heard arguments in the instant appeal for the reason role assigned to the appellant was of catching hold of the deceased. We were conscious of the fact that when the appeals filed by the co-accused were disposed of nobody appeared for the appellant. The reason was that instant appeal had yet to be filed. It does happen that a Court sometimes may overlook certain salient facts or circumstances in relation to a co-accused who has not preferred an appeal, for the reason counsel for the other co-accused would highlight such facets of the evidence as would be relevant for their arguments.

7. The case of the prosecution is succinctly brought out in the statement of the wife of the deceased on basis whereof the FIR was registered.

8. In the statement Ex.PW-4/A, Rita (PW-4) the wife of the deceased stated that she was residing with her husband and children at C-127, Bhagirath Vihar, Gokulpuri, Delhi. Her husband was employed as a Chief Cashier in Dena Bank. She stated that on July 08, 1989 at around 4.15 P.M. along with her husband she had gone to the house of her brother Mahender and after taking dinner were returning home at around 8.30 P.M. Since they could not catch a DTC bus plying towards Shahdara, they took a TSR till octroi post at Loni border. Alighting at the octroi post they proceeded on foot on the metal road towards Ganga Vihar. As they reached the bridge on a culvert, three boys, two of whom were of less height and one was tall accosted them. One boy caught her. Another caught her husband. The third stabbed her husband. The boy who caught her, gagged her mouth to prevent her from shouting. The boy who had caught her snatched her sliver chain from her neck. All three ran away. She disclosed that one boy was wearing a check bush-shirt and pant and the other two were wearing black colour clothes. Her husband fell down. She cried for help. People gathered. Somebody called the police. Her husband was taken to the hospital.

9. Insp.Daryao Singh PW-27 accompanied by Ct.Shish Ram (not examined) were patrolling the area. He received a wireless message that one Mr. Mohan (PW-6) had informed that an injured person was lying at a culvert near Ganga Vihar. He reached the spot and found Gopal Ballabh, the husband of Rita, smeared with blood in an injured condition lying on the road with Rita standing nearby. The injured and Rita were taken by him to GTB hospital where as per MLC Ex.PW-23/A the injured was declared brought dead. Rita’s statement Ex.PW-4/A was recorded at the hospita