RAM NATHAND ORS Vs. THESTATE

JUDGEMENT

(1.) FOUR appellants have challenged their conviction under Sections 302/307/397/ 412 IPC vide judgment dated 21. 4. 2005 and also the sentence imposed on them vide order dated 27. 4. 2005 by the learned additional Sessions Judge, Delhi, arising out of the Session's case No. 165/2001 FIR no. 445/2000 of Police Station Prashant vihar. All these appeals arise out of the same judgment of conviction and they were heard together. We are deciding these appeals by this common judgment.

(2.) THE case of the prosecution, as set up, is that on 27. 12. 2000 a DD no. 26, P. P. Section 16 Rohini, P. S. Prashant Vihar was registered, in which it was mentioned that at about 9. 15 p. m. , a dacoity had taken place near the house of one Kulwant Rana at Village Shahbad Daulatpur near Delhi engineering college. Upon receipt of this information, SI Sukhvinder Singh along with others reached at the spot i. e. House No. 7, village Shahbad, Daulatpur, Delhi, which belonged to one Mr. Kulwant Rana. Upon enquiry, they came to know that Smt. Saroj devi, mother of Kulwant Rana and their servant Lbk Raj Bahadur were already removed in injured condition to Jaipur golden Hospital Blood was scattered in the room and house-hold articles were also scattered. Later it was learnt that the dead body of Smt. Saroj Devi was sent to the mortuary. The other injured Lok Raj bahadur was declared unfit to make any statement.

(3.) CASE of the prosecution further is that all the appellants herein namely Ram Das, vikram Das, Manoj Kumar Das and Triloki das along with one Shankar Das in furtherance of their common intention committed robbery/dacoity in the house of kulwant Rana. They used deadly weapons i. e. talwar/rapi and Iron Daav and at the time of committing the said robbery/ dacoity they in furtherance of common intention had committed murder of Smt. Saroj Devi and caused injury on the person of Lok Raj Bdur i. e. Iron Daav.