MASTAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Seven accused namely Gurmail Singh, Jaswinder Singh @ Choni, Balwinder Singh @ Biindri, Tarlochan Singh @ Bittu, Rajwinder Singh @ Ninda, Balwinder Singh @ Binder and Mastan Singh were prosecuted for the offence under Section 412 IPC and ultimately, they were convicted vide judgment dated 25.10.1999 passed by the learned Additional Sessions Judge, Hoshiarpur, and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 1000/- each for the aforesaid offence. However, no appeal was preferred by Gurmail Singh, Balwinder Singh alias Bindri son of Banta Singh and Balwinder Singh alias Binder son of Nishan Singh. As such, this is an appeal by the remaining four accused.

(2.) The prosecution version in brief is that on 10.12.1993 SI Ram Parkash along with A.S.I. Bakshish Singh and other police officials was present at the turning of Prempur of village Talwandi Sallan, where Ranjit Singh complainant (herein referred as 'the complainant') accompanied by Sarpanch Gurmukh Singh came and made a statement that on the previous night he was sleeping in the varandah of the house, whereas, his wife Jaswant Kaur and daughter Varinderjit Kaur were sleeping in another room. In the midnight, he woke up after hearing the noise of some persons and saw in the electric light that five persons with muffled faces and tying turbans standing near his bed. Out of them one person was armed with naked kirpan and other persons were armed with datars, one person told him that they should be served with meals, but the second person told that they did not want to be served with meals but they be paid Rs. 3 lacs. When he regretted his inability on the ground that he was not having any money, the person holding kirpan took him to the bed room and threatened him. In the meanwhile his wife and daughter also woke up and they were also brought in the said room. The accused threatened them also and made them to sit quietly. On being threatened, the complainant had to part with the keys of the locks. They were kept confined in one room under the supervision of two persons. The other accused opened the almirah and iron boxes and fled away with the golden ornaments, an imported VCR make National and one record player and deck system make Akai. While going, they threatened that they will have to face dire consequences if they raised hue and cry. During the night, the complainant stayed in the house out of fear. However, in the morning at about 6.30 a.m. some people gathered at the spot and on checking from steel almirah, the complainant detected that gold ornaments belonging to him, his daughter Varinderjit Kaur, his mother, his wife Narinderjit Kaur daughter in law and son Paramjit Singh were missing which included one neckless weighing two tolas, four golden bangles weighing around four tolas, two karhas (one small and one big) weighing about two tolas, one golden chain weighing two tolas, one neckless weighing 2- 1/2 tolas, four pairs of ear rings weighing around 4- 1/2 tolas, one pair of ear rings weighing around half tola and one pair of silver pajeb and two silver rings. They also took six watches and Rs. 700/- in cash. (The word tola in the common parlance is used to say "ten grams").

(3.) On the aforesaid statement of the complainant, a case was registered. The accused were arrested along with the stolen property near focal point. After completion of the investigation challan was presented in the court.