JANARDHAN AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) On the night intervening 9/10.8.1991, at about 1.30. M. ten unknown and unidentified assailants attacked the residential-cum-commercial premises of the complainant Smt. Ved Sardana, PW. 9, in Jagadhri within the area of Police Station, Jagadhri City. These assailants were allegedly had muffled their faces and they indiscriminately and ruthlessly started attacking the inmates of the house with Lathis, Knives and Bhalla, which they were having in their hands. Electric light was there by virtue of which the witnesses could see the faces of the assailants, who during the process of their act of the dacoity had asked Mrs. Ved Sardana to hand over the keys of The Almirah and to surrender the valuables to them. In that process the assailants had raised their mufflers. Some of these persons were wearing underwear and perhaps this gang was known as Kale Kachhewala gang. The assailants took away the valuables and obviously escaped from the scene of occurrence. Thereafter, it came to the notice of Smt. Ved Sardana, that their Chowkidar Roshan Lal was tied and Chowkidar Joginder Singh was lying dead. The injured were removed to Civil Hospital, Jagadhri where they were medico legally examined. On receipt of ruqa, the police went to the hospital and after obtaining opinions of the doctors about the fitness of the injured to make statement, ASI Bhagwan Dass PW. 11, recorded the statement of Smt. Ved Sardana Ex. PB. After making his endorsement Ex.PB/1, he sent the same to the Police Station for registration of a case and on its basis formal F.I.R. Ex. PB/2 was recorded. In the said statement Smt. Ved Sardana mentioned that if such person',are brought before her she would be able to identify them. ASI Bhagwan Singh, PW.l 1, prepared inquest report Ex.PS on the dead body of Joginder Singh. He visited the place of occurrence. He also informed the Forensic Science Laboratory department and also summoned finger print expert. The said ASI lifted blood stained earth, pair of Hawai Chappal from the spot vide memos EX. PJ and PL respectively. Thereafter Finger Print Expert handed over two parcels of utensils and bottle which were taken into possession vide memo Ex.PM. He also prepared rough site plan of the palace of occurrence Ex.PS/1.

(2.) On 21.9.1991 Rameshwar alias Gunga accused along with Chatru alias Gaddi. Gobinda, Janardhan, Parkash, Surjan, Bhim alias Bhima and Mirdul accused were arrested. Roshan Lal Chowkidar, PW.6, Smt. Ved Sardana, PW.9 and Sham Sunder, PW.10 were asked to the join the identification parade on 30.9.1991 held by PW.l8 Shri Amar Inderjit Singh, Tehsildar-cum-Executive Magistrate. The aforesaid prosecution witnesses were able to identify the appellants to be the same persons who had attacked them. The appellants other then Rameshwar, made a disclosure statements before Inspector Malhar Singh, PW. 15 on 4.10.1991 and got recovered the looted property from the place near railway station Mustafabad. The stolen property was taken into possession by the police. Sham Lal appellant was also arrested and on 27.1.1992 in pursuance of his disclosure statement recovered ornaments of gold etc. from Mishra colony and the stolen property was identified by Sham Sunder Sardana, PW.10. Later on Bishan accused was also arrested. After completion of the investigation, the appellants were challaned and sent up to face their trial.

(3.) Autopsy on the dead body of Joginder Singh was conducted by Dr. Rakesh Jain, PW. 3 on 10.8.1991 and he found the following injuries on the dead body.