PAPPAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this judgment, the above mentioned three appeals would be disposed of as these have arisen out of the common incident/judgment.

(2.) Complainant Sanjay Gandotra made a statement before Inspector Gurdeep Singh on 24.11.2006 stating therein that he was resident of house No. 663, Sector 15, Faridabad and was doing the business of stone designing. He was operating his work from his residence. His wife Sunira was working as a Manager with Atelier Readymade Garments showroom in South Extension, Delhi. He daily used to drop his wife to her place of work and in the evening he used to pick her up. He had two sons. His elder son was a student of 10 th class whereas his younger son was student of 3 rd class. His sons left for school at about 7/7.15 A.M. In their absence, their servant Birju alias Neeraj remained in the house. Birju alias Neeraj was working with them for the last 13/14 years. On 24.11.2006, he had left at 10.30 A.M. to drop his wife to her place of work in his vehicle No. HR-51S-9470. At about 12.15 P.M., he received a phone call from his mother-in-law that someone had inflicted knife blows to their servant Birju. He reached his house along with his wife and made enquiries from the neighbourhood. Ramesh Sharma, driver of S.K.Batra, resident of house No. 667, Sector 15, Faridabad informed him that about 11.30 A.M., two boys were seen running towards southern side from his house. One of the boys was with thin body, aged 20/21 years and was wearing a pink colour Tshirt and jeans of blue colour and was 5'-5'' tall. The other person was 5'-10'' tall and was having thin body, aged about 20/21 years and was wearing white/pink striped shirt and blue colour jeans. After about five minutes, Birju, whose hands had been tied behind, came out saying "Aunty Aunty and rang the bell of house No. 644, Sector 15, Faridabad and fell on the ground. Birju was got admitted in Nanda Hospital by the servants of the neighbourhood where he was declared dead.

(3.) Both the boys had entered his house with an intention to commit theft. The articles of his house were lying scattered. When Birju objected, he had been killed by the assailants who had looted their house.