SHAMSHAD @KALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of four appeals being Crl. Appeal Nos. 87-SB, 108-SB and 1296-SB of 2006 and Crl. Appeal No. 1713-SB of 2008 emanating from FIR No. 185 dated 30.4.2003 registered at Chandni Bagh, Panipat. It is, however, apt to mention here that first three above appeals have arisen out of a common judgment and order dated 5/7.12.2005 and the fourth one from judgment dated 22.8.2008 (for short 'impugned judgments') passed by the Court of learned Additional Sessions Judge, Panipat, (for short 'the Trial Court'). However, the facts are being taken from Crl. Appeal No. 1296-SB of 2006.

(2.) Vide its impugned judgment(s)/order dated 5/7.12.2005 and 22.8.2008, the learned Trial Court convicted all the accused/appellants for the offences punishable under Sections 395 read with Section 397 of IPC and also further convicted accused/appellants, namely, Shamsher, Shamshad @Kala and Mohsin under Section 25 of the Arms Act and sentenced all of them, except accused Subhash, to undergo rigorous imprisonment for a period of 10 years for the offence under Section 395 read with Section 397 of IPC and accused Shamsher, Shamshad @ Kala and Mohsin to undergo rigorous imprisonment for a period of two years for the offence under Section 25 of the Arms Act. Accused/appellant Subhash was sentenced to undergo rigorous imprisonment for a period of seven years for the offence under Section 395 read with Section 397 of IPC.

(3.) Brief facts of the case as projected by the prosecution are that on 30.4.2003, SI Mahender Singh alongwith other police officials was present at Sanjay Chowk, Panipat in connection with patrolling duty when Ram Niwas, PW4, recorded his statement before him to the effect that he is resident of Panipat and is running a business of handloom export and running his factory in the name and style of 'Bharat Overseas' located at Gohana Road. He further stated that this business is handled by his sons, namely, Vinod Goel, Vijay Goel and Varinder Goel. On 3.4.2003 around 12.30 p.m., his daughter-in-law Shiva Goel wife of Varinder Goel, reached at the factory premises by managing to escape from the house and told them that 5/6 armed persons have entered into their house and they have aimed the pistol at Shikshawati. Then complainant alongwith his son Varinder Goel and 2/3 workers reached their house and noticed that many persons were standing outside their house and womenfolk of the house were standing in a very feared manner. The complainant further stated that the accused persons had caused injuries on his wife and blood was also lying on the floor. The accused had taken away the jewellery and cash. He further deposed that at the time of said incident, his servant Sanjaesh, Ram Bahadur and one electrician Ramesh were inside the house. On the basis of this statement, formal FIR was registered and investigation was initiated. On 7.5.2003, Varinder Goel, son of Ram Niwas, the complainant, informed Inspector Baldev, PW21, that he received a telephonic message that the alleged dacoity, which was committed on 30.4.2003, was committed by accused Mohsin, Shamshad @ Kala and others and the informer further informed that if the raid is conducted then the accused persons could be apprehended and stolen goods may also be recovered. All the accused were arrested.