SHIV KUMAR Vs. STATE

JUDGEMENT

(1.) APPELLANTS Parkash, Mahinder Singh, Bijender Singh, Surender Singh, Shiv Kumar and co-accused Pooran faced trial for the charges of having committed dacoity in the house bearing Municipal No.257, Gali No.1, Shalimar Bagh village, Delhi in the intervening night of 25th and 26th April 1992 and having murdered Jasbir Singh while committing dacoity. We would be referring to Jasbir Singh as ,,the deceased hereinafter.

(2.) VIDE impugned judgment and order dated 11.09.1998 appellants Parkash, Mahinder Singh, Bijender Singh, Surender Singh and Shiv Kumar have been held guilty of committing offences punishable under Sections 394, 396 and 398 IPC read with Section 34 IPC whereas co-accused Pooran has been acquitted of all the charges leveled against him. VIDE order dated 14.09.1998 appellants Parkash, Mahinder Singh, Bijender Singh, Surender Singh and Shiv Kumar have been sentenced to undergo imprisonment for life for the offences punishable under Section 396 IPC and RI for five and seven years for the offences punishable under Sections 394 and 398 IPC respectively.

(3.) ON 26.04.1992, at about 02.15 A.M. the doctor declared Joginder Kaur to be fit for making a statement, whereupon Inspector Rohtash Singh Tanwar, recorded the statement Ex.PW-7/A of Joginder Kaur which reads as under:-