RAJU SINGH & ANR Vs. STATE

JUDGEMENT

(1.) The present appeals have been preferred against a common judgment of conviction dated 17.11.2000 and common order on sentence dated 20.11.2000, therefore, all the appeals are decided together by this common judgment.

(2.) The appeal bearing Crl.A. No.736/2000 has been filed by appellants, namely, Raju Singh and Shyam Singh, whereas Crl.A. No.742/2000 has been filed by the appellants, namely, Raj Bahadur, Bishambar Singh and Gajender Singh. The appeal bearing Crl.A. No.743/2000 has been filed by the appellants, namely, Vijay Pal, Ashvini Kumar and Durgpal. The present appeals have been preferred being aggrieved by the judgment of conviction dated 17.11.2000 passed by the learned Additional Sessions Judge, Delhi convicting the appellants, namely, Raju Singh, Shyam Singh and Vijay Pal for the offences under Sections 308/34 and 452 IPC, appellants, namely, Ashvini Kumar, Raj Bahadur, Bishamber Singh, Gajender and Durg Pal for the offence under Sections 148, 452 and 323 read with Sec. 149 Penal Code and order on sentence dated 20.11.2000 whereby the appellants Raju Singh, Shyam Singh and Vijay Pal have been sentenced to undergo rigorous imprisonment for four years with fine of Rs.1,000.00 each for offence under Sections 308/34 and 452 IPC, whereas appellants Ashvini Kumar, Raj Bahadur, Bishamber Singh, Gajender and Durg Pal have been sentenced to undergo rigorous imprisonment for four years with fine of Rs.1,000.00 each for the offence under Sec. 452 IPC. Appellants Ashvini Kumar, Raj Bahadur, Bishamber Singh, Gajender and Durg Pal have also been awarded rigorous imprisonment for one year with fine of Rs.1,000.00 each for the offence under Sections 148 and 323 read with Sec. 149 IPC. In default of payment of fine, the appellants shall further undergo rigorous imprisonment for 3 months on each count.

(3.) Factual matrix emerging from the record is that an information received by the police on 07.07.1995 at about 2320 hours to the effect that some thieves were caught in the house of Bishamber at Pul Prahladpur, RZ Block, Gali No.6. Duty Constable Ashok Kumar from AIIMS informed the police station that injured Aswani Kumar, Baby, Guddi and Nasreen were brought to the hospital for treatment. SI Shish Ram recorded the statement of injured Baby. In her statement, complainant Baby stated that on 07-07-1995 at about 11:30 a.m she had a quarrel with Smt. Lalita on the issue of cleaning of a drain. At about 10:30 p.m when the husband of complainant namely, Intezar Hussain was standing at the gate after having his meal, their neighbours namely, Bishamber, Raju, Shyam, Raj Bahadur and one bearded man who was brother of Bishamber, pulled the husband of the complainant. He made to lie on the cot and was beaten with sticks, legs and fists on his stomach and chest. Nanad of the complainant namely, Guddi also saw the incident and raised an alarm. Husband of the complainant woke up, went inside the house and they bolted the door. Accused Bishamber and his brother Raj Bahadur broke the door, entered the house and gave beatings to Guddi with sticks. When complainant was about to go to her sister's house by climbing the wall, accused Bishamber threw a stone which hit her on her chin and he also gave injuries on her leg with the help of a stick. Husband and children of the complainant hid themselves behind the bed on the roof. When complainant reached the house of her sister namely, Nasreen, Nasreen informed that accused Ashvini, Durg Pal and Vijay Pal entered her house, quarrelled and gave beatings to her. She also informed that accused Ashvini gave a blow with a pointed object on her forehead. She saw that accused Pushpa and other accused persons were throwing stones on the house of the complainant. After sometime, police reached the spot and got the injured persons admitted in the hospital. The complainant found that doors and windows of her house were broken and stones were lying inside the house. She also noticed that gold earrings, cash Rs.2,000.00 and a table fan were missing.