JUDGMENT

Mr. Rajiv Sharma, J.:- Since common questions of law and facts are involved in the aforesaid murder reference and appeal, therefore these are taken up together and disposed of by a common judgment.

2. Murder Reference No.04 of 2018 has been received from the Additional Sessions Judge, Ludhiana, for confirmation of death sentence awarded to Rishu Grover, aged 30 years, son of Vinod Grover, resident of Gali No.1, near Radha Swami Satsang Bhawan, Iqbal Nagar, Tajpur Road, Ludhiana as per judgment and order dated 14.09.2018

3. Criminal Appeal No.D-916-DB-2018 has been preferred by appellant Rishu Grover against the judgment and order dated 14.09.2018 whereby the appellant, who was charged with and tried for offences punishable under Sections 302, 460, 380 of the Indian Penal Code (in short ‘IPC’), has been convicted and sentenced as under:-

4. The case of the prosecution in a nutshell is that on 22.05.2013 police party headed by Inspector Brij Mohan reached at Mohalla Fateh Ganj, Ludhiana after receiving a wireless message from the control room. One Vikas Malhhotra met the police party and got his statement recorded. According to his statement, he was resident of House No.234, Street No.4, Mauchpura Bazaar, Ludhiana. He was married with Asheena daughter of late Baldev Raj, resident of B-5/397/1, Mohalla Fateh Ganj, Ludhiana. His mother-in-law Usha Rani and sister-in-law Heena were residing at Fateh Ganj. He was having one married brother-in-law Rahul Grover. He was settled in Australia. Last time he visited India at the time of engagement of his sister-in-law Heena around two months back. Thereafter he went back to Australia. Heena’s marriage was fixed to be solemnized on 20.11.2013. His wife had a telephonic conversation with her mother and sister on last night. Every thing was normal. On that day at about 01.30 P.M., his brother-in-law Rahul Grover called him from Australia. He told him that nobody was attending his calls at his house at Fateh Ganj. He asked him to check if everything was normal. He along with his wife went to his in-laws house. He found the main gate of house closed but not bolted from inside. They entered the house. They found his mother-in-law lying dead in the pool of blood in a room at the ground floor of the house. His sister-in-law was also lying in a room near washroom in the pool of blood on first floor. His sisterin-law had written “Bob” on the wall with her blood. They had made a complaint against one Babu, a sanitation worker, to the police. Statement was recorded. Crime scene was inspected. On 23.05.2013, Babu was interrogated. However he was let off. On 24.05.2013, post-mortem of dead bodies of Usha Rani and Heena was got conducted. On 25.05.2013 Rahul Grover @ Sunny, son of deceased Usha Rani, was joined in the investigations. His statement was recorded to the effect that he had shifted to Australia six years back. Rishu Grover was his first cousin being son of his real uncle Vinod Grover. He was resident of Kirpal Nagar, Tibba Road, Ludhiana. He was a frequent visitor to his house where his deceased mother Usha Rani and sister Heena were staying all alone. R