RAJU @ SHERU Vs. STATE OF HARYANA

JUDGEMENT

(1.) By a common judgment, the Court intends to dispose of the present appeal filed by Raju @ Sheru and Criminal Appeal S-694-SB of 2001 filed by Roshan, Gopal Bahadur and Ajay as all of them have challenged the judgment of conviction dated 11.5.2001 and order of sentence dated 16.5.2001 passed by Additional Sessions Judge, Rewari.

(2.) Vide impugned judgment and order, the appellants were convicted under Section 395 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/- each and in default of payment of fine to undergo further rigorous imprisonment for two years.

(3.) According to the prosecution, on 6.10.1998 at about 10.30 p.m. complainant-Virender Kumar went to sleep after bolting the door of the house whereas his two domestic servants left for his factory to sleep there. At about 12 midnight the pet dog kept by the complainant started barking. Complainant's father Ram Gopal got up and opened the main gate of the house situated towards the factory. On hearing noise, the remaining family members of the complainant also woke up. In the meantime, three persons including the two domestic servants of the complainant entered the house from the main gate while three more persons made their entry from the adjoining room, latches of which had already been opened by the domestic servants of the complainant. All the six persons were armed with dagger, sword and lathis. They threatened to kill the complainant and his family members. While the parents and daughter of the complainant were locked by them in one bathroom of the house, the complainant and his wife were locked in the other bathroom. All the six accused remained in the house of the complainant for about two hours and were able to remove valuables, currency notes worth Rs. 8,00,000/-, gold and silver jewellery, household articles and the chhatar made of gold. When the complainant heard the noise of his vehicle Sumo bearing registration No. DL- IC- 4915 being driven away in reverse gear, he managed to come out of the bathroom after breaking its door.