RAJU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Raju was convicted for the offence under Section 460 IPC. He has come forward with the present appeal challenging the judgement of conviction and sentence passed by the trial Court.

(2.) The brief case of the prosecution is that on 16.6.1993 at 11.30 P.M. the accused-appellant alongwith three other persons (since dead) scaled the wall of the houses of PW2 Jinderpal Singh and PW3 Hardev Singh when the light was on in the courtyard and the family members of the respective families were asleep and attacked PW2 Jinderpal Sinh, one Bhola Ram, PW3 Hardev Singh and PW14 Sukhdev Singh and caused injuries and committed robbery of the gold ear-rings of the female members of the family. PW2 Jinderpal Singh set the law in motion by giving a complaint. PW1 Dr.Raj Kumar Garg medico-legally examined PW2 Jinderpal Singh, one Bhola Ram, PW3 Hardev Singh and PW14 Sukhdev Singh and found two lacerated injuries on the person of PW2 Jinderpal Singh, one incised wound and a swelling on the person of one Bhola Ram, one lacerated wound on the person of PW14 Suhkdev Singh and an injury on the left forehead of PW3 Hardev Singh. The swelling found on the left eye of Bhola Ram was certified as grievous injury by PW1. PW9 ASI Mohinder Singh arrested the accused-appellant on 22.11.1994 in the presence of PW2 and PW3, of course, in the absence of any independent witness and recovered two gold ear-rings on the basis of the disclosure statement given voluntarily by the accused-appellant. Having completed the investigation, PW9 ASI Mohinder Singh laid final report as against the accused-appellant herein.

(3.) I heard the submissions made by learned Amicus Curiae appointed by this Court to argue the case on behalf of the appellant. The counter submission made by learned AAG, Punjab was also heard by me.