RAJ SINGH AND ORS. Vs. STATE

JUDGEMENT

(1.) THERE are three appellants before this Court namely Raj Singh @ Raju, Ravinder Singh @ Raju and Sunil Kumar @ Sanjeev. They are all aggrieved by the common judgment and order on sentence dated 26.02.2013 vide which each of them had been convicted under Sections 307/393/398/452 read with Section 120 -B of the IPC. Each of them had been sentenced to undergo RI for a period of 10 years and a fine of Rs. 20,000/ - each for the said offence. In default of payment of fine, each of them was to undergo RI for a period of 2 months. Benefit of Section 428 of the Cr.PC had been granted to the convicts. This Court notes that no separate sentence has been awarded by the trial Judge for their other convictions and as recorded supra, a common sentence period of 10 years RI has been imposed upon each of them.

(2.) THE version of the prosecution is that on 22.05.2010 at about 11:30 am - 12:00 noon, Raj Singh went into the house of Rajender Khosla (PW -3). He being the driver asked for the keys of the car. Meanwhile, three other persons entered the house and one of them was Sunil @ Sanjeev. They tried to rob the house of PW -3 by showing revolvers and a knife. This incident was witnessed by the wife of PW -3 namely, Santosh Khosla (PW -4) as also their daughter -in -law Rekha Khosla (PW -5). PW -3 was assaulted with a katta and the knife. He sustained injuries. His MLC was conducted and eight injuries were noted upon his person. They were proved through his MLC Ex. PW1/A. Accused Sunil @ Sanjeev was apprehended at the spot.

(3.) THE remaining two accused namely Shahid and Azad were declared as proclaimed offenders; they could not be arrested.