SIRI RAM Vs. STATE

JUDGEMENT

(1.) The charge against the appellants Siri Ram, Rati Ram @ Ratia, Leela Ram @ Leelu is that they along with other co-accused (eight in all) conjointly committed robbery of the property, i.e. pair of bangles necklace, pair of ear tops chain of platinum, eartops with ruby stones and three rings with stones and other articles belonging to Smt.Shiv Parbha Singh and Smt Yogeshwari Devi, on the intervening night of 7th and 8th June, 1983 at. house No. A-65, Gulmohar Park, New Delhi, and while committing this offence they were armed with deadly weapons and they made use of the same in causing grievous hurt to Mrs Shiv Parbha Singh, (Public Witness 4), and Anant Narain Bhanjedev, who were occupant of the house at that time. Leelu Ram, Deep Chand @ Deepa, Rati Ram. Randhir and Sri Ram were arrested and were challaned and prosecuted under Section 395 read with Section 397 IPC, whereas Puran. Ram Chander and Vidya Ram. other co-accused could not be arrested and they were declared proclaimed offenders. The challan against them was filed under Section 299 Cr. P.C.

(2.) In support of its case, as many as 17 witnesses were produced by the prosecution. The defence of the accused persons was common and that of innoccnce, According to themn they were lifted from their houses and were not arrested in the manner shown by the police and nothing was recovered at their instance and they have been falsely implicated in this case. However, none of them produced any witness in their defence or to support their version.

(3.) The trial Court i.e. Addl Sessions Judge, New Delhi, afterappreciating the evidence on record and discussing the relevant provisions of law found Leela Ram, Rati Ram, and Siri Ram guilty of the offence punishable under Section 395 read with Section 397 Indian Penal Code and convicted them thereunder. The other two accused persons Randhir and Deep Chand were, however, acquitted, as their identity could not be established. Against accused Puran, Vidya Ram and Ram Chander, the case was ordered to be consigned to record room under Section 299 Cr. P.C. by his judgment dated 11-7-1989. After giving an opportunity of hearing the learned Addl Sessions Judge sentenced Leela Ram and Rati Ram and Siri Ram to ten years rigorous imprisonment each and a fine of Rs. 2,000.00 each and in default of payment of fine further six months rigorous imprisonment. The period already undergone by them in custody was ordered to be set off.