JAGDISH Vs. STATE

JUDGEMENT

(1.) These appeals challenge the common judgment of the learned ASJ in S.C. No. 24/2001 and 153/2001 and the order on point of sentence dated 05.02.2004. The effect of the impugned judgment and order was to convict the appellants of the offences punishable under Sections 395/396 and 460 IPC, and to sentence them to undergo life imprisonment as well as to pay a fine of 2,000/-.

(2.) The prosecution alleged that the appellants had, at about 01.30 am on 28.08.2000 trespassed into Sukhmayi Jeevan Sansthan (hereafter referred to as "Sansthan") in Narela, Delhi. Maharishi Bhardwaj used to reside in the Sansthan together with his mother, the manager, and his servant Hari Singh. It was alleged that Jasbir Kaur (later testified as PW-2), heard the dogs barking at 01.30 AM. When she opened her room door she saw three persons outside, she tried to close the door but they forced it open, entered the room, searched and took money after breaking-open the almirah. It was also alleged that four more assailants entered the room; one was armed with a "Paya", the leg of a cot and the others were armed with sticks. The prosecution alleged that the appellants were wearing "kachcha baniyan". They forced PW-2 out of her room, enquired about the money in the Sansthan, and started searching the adjoining room after forcing open its lock. It was also alleged that the accused took Rs. 8,000/- and PW-2s jewellery. They also looted some gold items which belonged to Maharishi Bhardwaj as well as looted some gold items from his mother. The accused also broke open the "Daan Patra" and looted money from it. PW-2 was confined in a room; after the accused left, she raised an alarm and one of the servants in the Sansthan opened the door. She found Maharishi Bhardwaj lying dead there. The police were informed.

(3.) The prosecution alleged that in the course of investigation, the accused appellants were arrested on different dates. Pyarelal and Rattan Singh was arrested on 13.09.2000, they allegedly made disclosure statements regarding their involvement in the looting of the Sansthan and the death of Maharishi Bhardwaj. The appellant Jagdish @ Nar Singh was arrested on 18.11.2000 and Jagdish @ Bagga was arrested by the North-East District police on 09.10.2000. The other accused, i.e. Abhimanu and Surajbhan were arrested on 15.11.2000. The prosecution alleged that the other six accused could not be arrested. The Court declared them as Proclaimed Offenders by the order dated 07.03.2001.