RISHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of above mentioned six appeals filed by Vinod @ Vidu, Raj Kumar, Rishi, Hansa @ Hans Raj and Sushil as the same have arisen out of the common judgment and order dated 17.12.1993 passed by Additional Sessions Judge, Bhiwani. In fact, Raj Kumar, appellant, has filed two appeals bearing Crl. A. Nos. 107 and 165-SB of 1994.

(2.) BRIEFLY stated, the facts are that on the night intervening 24/25.12.1991, all the afore-mentioned five appellants, namely, Vinod @ Vidu, Raj Kumar, Rishi, Hansa @ Hans Raj and Sushil son of Ved Parkash entered into the shop of PW-3 Sushil Kumar, complainant, situated in Anaj Mandi, Bhiwani with muffled faces. They closed the shop by pulling down the shutter. The appellants were armed with knives and daggers etc. They cut all the telephone cables. The appellants asked the occupants of the shop not to raise alarm. Thereafter, the appellants took out Rs. 450/- from the cash box while one of them started opening the safe box. Then Sushil Kumar, complainant, attacked him and in the struggle, the clothes on the faces of two appellants fell down, with which they had muffled their faces. The complainant, Sushil Kumar identified them as Hansa @ Hans Raj and Rishi Dhanak. Hansa @ Hans Raj was brother of Sajjan, Municipal Commissioner. Hansa @ Hans Raj attacked Sushil, complainant, with knife and caused him injuries while Rishi Dhanak attacked Sandeep, brother of the complainant with his knife and caused him injury. On hearing their noise, father of Sushil came there and on seeing him, the appellants escaped but one of them, namely, Vinod, appellant, was caught at the spot.

(3.) PW -8 Rameshwar Kumar, Sub Inspector, took into possession knife, Ex.P1 and Nakab, Ex.P3 vide recovery memo Ex.PG. He prepared rough sketch, Ex.PJ, of the knife before taking the same into possession. On interrogation, Vinod had made a disclosure statement, Ex.PK, and in view of the disclosure statement, got recovered the knife, Ex.P1. Raj Kumar, appellant was arrested and he made disclosure statement, Ex.PJ, and got recovered Barchhi, Ex.P4 and Nakab, Ex.P5, which were taken into possession vide recovery memo mark B. Hansa @ Hans Raj, appellant, on interrogation, also made disclosure statement, Ex.PM and got recovered knife, Ex.P6 and Nakab, Ex.P7, which were taken into possession vide memo mark C. Sushil, complainant, and his brother, Sandeep, were medico-legally examined by PW5 Dr. Kapil Kumar on 24.12.1991 at about 12 mid-night and found the following injuries on the person of Sushil Kumar :-