KEHAR SINGH Vs. STATE

JUDGEMENT

(1.) CRIMINAL Appeals Nos. 616/2001 and 119/2002 have been preferred by appellants; Udaiveer Singh, Kehar Singh and Vimal Kumar challenging the judgment and order dated 16.07.2001 passed by the learned Trial Judge in Sessions Trial pertaining to FIR No. 658/97 registered against them. By virtue of the impugned judgment and order, appellant Udaiveer Singh has been convicted for the offences punishable under Sections 302/34 IPC and 392/34 IPC; appellants Kehar Singh and Vimal Kumar have been convicted for the offences punishable under Sections 392/34 IPC, 302/34 IPC, 392/397/34 IPC and 307/34 IPC. The appellants have been sentenced for each offence. Appellant Udaiveer Singh has been sentenced to undergo rigorous imprisonment for 7 years and pay a fine in sum of Rs. 5,000/ -; in default to undergo simple imprisonment for 6 months for the offence punishable under Section 392/34 IPC; imprisonment for life and a fine in sum of Rs. 10,000/, in default to undergo simple imprisonment for 1 year for the offence punishable under Section 302/34 IPC. Appellants Kehar Singh and Vimal Kumar have been sentenced to undergo rigorous imprisonment for 7 years and a fine in sum of Rs. 5,000/ - each, in default to undergo simple imprisonment for 6 months for the offence punishable under Section 392/34 IPC; imprisonment for life and a fine in sum of Rs. 10,000/ - each, in default to undergo simple imprisonment for 1 year for the offence punishable under Section 302/34 IPC; rigorous imprisonment for 7 years and a fine in sum of Rs. 5,000/ - each, in default to undergo simple imprisonment for 6 months for the offence punishable under Section 392/397/34 IPC and rigorous imprisonment for 7 years and a fine in sum of Rs. 5,000/ - each, in default to undergo simple imprisonment for 6 months for the offence punishable under Section 307/34 IPC. Benefit of Section 428 Cr.P.C. has been granted to the appellants. The sentences awarded to the appellants have been directed to run concurrently.

(2.) CRIMINAL Appeal No. 643/2001 has been preferred by appellant Kehar Singh challenging the judgment and order dated 16.07.2001 passed by the learned Trial Judge in Sessions Trial pertaining to FIR No. 659/1997 registered against appellant Kehar Singh. By virtue of the impugned judgment and order, appellant Kehar Singh has been convicted for the offence punishable under Section 25 Arms Act, for which offence he has been sentenced to undergo rigorous imprisonment for 4 years and pay a fine in sum of Rs. 5,000/ -; in default to undergo simple imprisonment for 6 months.

(3.) THE facts as culled out by the prosecution are that on 22.01.1997 armed with country made pistols and a knife, the appellants entered into house bearing Municipal No. M -240, Guru Harkishan Nagar, Paschim Vihar, New Delhi owned by Ramesh Chander PW -19, and robbed Ramesh Chander PW -19 and his brother Subash Chand PW -17, who were present in the said house. After committing the robbery using the country made pistols and the knife, the appellants locked Ramesh Chander and Subash Chand in the said house by bolting the entrance door of the said house from outside and fled from there. On hearing the shouts of Ramesh Chander and Subash Chand for help, the persons from the public started chasing the appellants.