RAMESH AND ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Ramesh son of Heera Lal, Bhura son of Chiranji Lal and Bijender son of Leela were nominated as accused in a case FIR No.890 dated 23.12.2000 registered at Police Station NIT, Faridabad under Sections 392, 394, 397 IPC and Section 25 of the Arms Act.

(2.) Briefly stated, case of the prosecution is that on the night intervening 23.12.2000, appellants Ramesh, Bhura and Bijender committed a theft of valuable articles from the almirah and boxes from the residence of Prabhu Nath complainant PW5 and caused injuries to him, which would have caused his death, and their family and wrongfully restrained and had put them in fear of instant death and instant hurt and, thus, committed an offence under Section 392 IPC. Since the conduct amounted to robbery, these appellants were also charged for offence under Section 394 IPC and for having caused grievous hurt to Prabhu Nath PW5 and his Bhabhi Prema by causing head injury to her by an iron pipe i.e. an attempt to death and, thus, committed an offence under Sections 395 read with Section 397 IPC. The above-said charges were denied by the accused and they claimed a trial.

(3.) The Court of Additional Sessions Judge (Ad hoc), Fast Track Court-II, Faridabad vide impugned judgment dated 4.10.2002 held the appellants guilty of offence punishable under Sections 392 and 394 read with Section 397 IPC. Vide a separate order of even date, the appellants were sentenced to undergo rigorous imprisonment for a period of five years each and to pay a fine of Rs.1000/- each under Section 392 IPC. In default of payment of fine, they were to undergo further rigorous imprisonment for a period of three months. They were also sentenced to undergo imprisonment for a period of seven years and to pay a fine of Rs.1,000/- each under Section 394 read with Section 397 IPC. In default of payment of fine, they were to undergo further imprisonment for a period of three months each. All the substantive sentences were ordered to run concurrently.