ASHOK AHSWAL Vs. STATE OF DELHI

JUDGEMENT

(1.) By this common judgment, the above three appeals which have been filed by the appellants namely Ashok Ahswal, Rajinder Kumar and Sanjay challenging the judgment dated 24th January, 2002 and order on sentence dated 25th January, 2002 passed in Sessions Case No. 16/96, shall be disposed of. Vide impugned judgment and order on sentence, the appellants have been convicted and sentenced as under as under:- Appellant Ashok Ahswal

(2.) Briefly stating the prosecution case (as reflected in the charge-sheet) is that case FIR No. 53/93 dated 28th January, 1993 was recorded at PS Hauz Khas for the offences punishable under Sections 394/397/308/120-B IPC and section 27 of Arms Act on the complaint Ex.PW-1/A made by the complainant Anjali Gupta to the effect that she along with her family was residing on the first floor at Hauz Khas (House number withheld). On 28th January, 1993 i.e. the date of occurrence her father-in-law Sh. P.C. Gupta had gone to Malviya Nagar in connection with the renovation of the house and her mother-in-law Mrs. P.C. Gupta was present at the ground floor.

(3.) The complainant was taking bath in the bathroom at the first floor when at about 1.00 p.m. she noticed from the window of the bathroom that somebody wearing blue dress was going towards bedroom. She also heard the noise of 'khat-khat' coming from the side of the bathroom and thought that some family members must be there. After taking bath, when she opened the door of the bathroom to come out, she was pushed in by three young persons in the age group of 20-25 years, whose names were revealed on enquiry as Sanjay, s/o Late Sh.Chintamani Lakhera, R/o Block-7-2A Kali Bari, Birla Mandir who was armed with long open knife, Rajinder Kumar, S/o Sh. Shyam Lal R/o Block No. 8/3B, P and T Quarters, Kali Bari who was armed with country made fire arms and Ashok Ashwal, S/o Sh. Vir Singh, R/o In-front of Karnail Singh Stadium, Pahar Ganj Railway Colony No. 1013 who was armed with khukri. They also hit her head on the wall. When she tried to raise an alarm accused Rajinder Kumar put his hand on her mouth. When she removed his hand and shouted, Rajinder Kumar hit on her head with a katta and accused Ashok Ahswal hit on her head with a khukri. The third accused Sanjay instructed that if she raised alarm, she would be shot and any other person who may happen to come there, should also be shot. In the meantime her mother-in-law Mrs.P.C.Gupta and their tenant Anita Jain, who was residing at the second floor, came there. On sensing their arrival and seeing them in the gallery, all the three accused persons pushed them and started running. In the process, the khukri of Ashok Ahswal and the rope as well the cloth with which they tried to tie her in the bathroom, were also left there. She was bleeding from her head and forehead. She along with her mother-in-law and tenant Anita Jain chased all the three accused persons shouting that they had hit her. While the three accused persons were running down, accused Rajinder Kumar was carrying a blue colour bag on his shoulder which contained the items stolen from her house. In the meanwhile, her father-in-law Mr.P.C.Gupta, servant Shambhu Kumar Jha and servant Vijay also reached in front of the house. She informed her father-in-law about being hit by those persons and asked him to apprehend them. In the meantime, Ramu, the servant of the tenant also chased them and they overpowered two persons after a lot of scuffle. Accused Sanjay who was holding open knife in his hand was caught by her father-in-law and servants Shambhu and Vijay, while accused Rajinder Kumar, who was carrying the loaded 'katta' (fire arms), was apprehended by the servant Ramu, neighbour Naresh Khara and her husband Rajeev. The bag carried by the accused Rajinder Kumar, was found containing her brown colour jewellery box. On checking the same it was found containing one pair of pearl bangle (kade), two silver key chains of gold colour, two silver coins, one pearl necklace with gold pendent and one nose pin. Accused Ashok Ahswal managed to escape. Public persons gathered there and gave beatings to Rajinder and Sanjay. Somebody informed the police and she was removed to AIIMS by the police and discharged on the same day.