STATE OF HARYANA Vs. HUSSAIN

JUDGEMENT

(1.) This appeal is filed by the State against the final judgment and order dated 28.09.2004 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 414 (SB) of 1991 whereby the Single Judge of the High Court allowed the appeal filed by the respondent herein and set aside the judgment and order dated 03.08.1991 of the Trial Court convicting the respondent for commission of offences under Sections 380, 457 and 460 of the Indian Penal Code, 1860 (hereinafter referred to as "the IPC") and sentenced him to undergo rigorous imprisonment for four years and a fine of Rs.1000/- for commission of offence under Section 380 IPC, rigorous imprisonment for five years and a fine of Rs.1000/- for commission of offence under Section 457 IPC and rigorous imprisonment for a period of ten years and a fine of Rs.1000/- for commission of offence under Section 460 IPC with default clauses. All the sentences were to run concurrently.

(2.) Briefly stated, the prosecution case is that on 26.06.1987, F.I.R. No. 79 was recorded at Police Station Mullana on the basis of the statement made by Geeta Devi (the complainant) stating that during the intervening night of 25.06.1987 and 26.06.1987 while she along with her family members were sleeping in the courtyard of their house at village Samalkha, Ambala at around 1.30-2.00 a.m., her mother got up to answer the call of the nature. At that time, her father also got up. The electricity bulb was on at that time. When her mother went outside to switch off the bulb of the courtyard, she found the gate of the house opened. In the meantime, two persons wearing green colour jackets and blue colour underwears carrying sticks in their hands came out from the house. One of them gave stick blow on the head of her father. When her mother tried to save her father, she was also attacked by the other person. Besides these two persons, two other persons were standing outside the boundary wall on western side. On alarm being raised by her, two assailants, who had caused injuries, jumped outside the boundary wall and went outside.

(3.) On hearing noise, some people gathered at the spot and the assailants were chased, however, they succeeded to run away. The Complainant also mentioned their identity by giving particulars of those assailants to the police. Her father, who had become unconscious, was taken to the Civil Hospital, Ambala where he succumbed to his injuries on 26.07.1987. She also stated that when they went inside the house, they found household articles scattered and on checking two gold rings were missing.