PRABHATI PARSHADI Vs. STATE

JUDGEMENT

(1.) Hukam Singh, Bal Kishan Ram Singh, Rattan. Lekhan and Prabhati alias Parshadi were tried by Shri Jagdish Chander, Assistant Sessions Judge, Delhi. They were alleged to have committed dacoity on the night between the 21st and the 22nd October, 1965, while armed with deadly weapons, in the house of Neel Kanth in Radhapuri Colony. Hukam Singh, Ram Singh, Rattan and Prabhati alias Parshadi were found guilty under Section 397 of the Indian Penal Code and each one of them was sentenced to seven years rigorous imprisonment. Bal Kishan and Lekhan were given benefit of doubt and were acquitted. Four separate appeals were filed by the convicted persons, which were registered as Nos. 99, 101 and 102 of 1969.

(2.) It may be mentioned that on the night of the occurrence Neel Kanth was sleeping in a room of his Siousc. His wife and their five children, including Geeta a girl of about 19 years of age, were in an adjoining room. The elder brother of Geeta, Ramesh Chander, was lying in a separate room which had no door shutters.

(3.) Ramesh Chander (P.W. 3), at about 11-30 in the night, heard the sound of some persons jumping over a wall of the compound. He saw that ten or tweleve men were entering the varandah of the house out of whom two persons came to his room and gave Lathi blows to him on his left ear due to which he became unconsious. During the trial Hukam Singh and Rattan Singh were identified by him as the persons who had entered his room. He also stated that his marriage had been fixed for November 1965 and, therefore, sarees and jewellery has been purchased. A ring and some sarees purchased by him from his eurnings were mentioned to have on them the initials oi "RC".