BABU RAM AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this common judgment, I intend to dispose of Criminal Appeal No. S.51 SB of 2009 titled as Babu Ram and another versus State of Haryana and Criminal Appeal No. S.1611 SB of 2011 titled as Rajbir @ Raju @ Bablu versus State of Haryana under Sections 395 and 397 of the IPC and under Section 25 of the Arms Act, as both these appeals have been arisen out of the same incident and FIR. For convenience, facts are being taken from Criminal Appeal No.S. 51 SB of 2009 titled as Babu Ram and others versus State of Haryana.

(2.) Brief facts of the prosecution case are that on 22.8.2006 on receipt of information from the control room regarding dacoity, ASI Suraj Bhan alongwith other police officials went to the spot in village Kakrola where Anand Parkash son of Mawasi Ram made a statement to the effect that he along with his family members is residing in the fields.

(3.) On the night of 21/22.8.2006 they were sleeping in his house, complainant, his son Dev Raj and Suman daughter were sleeping on the terrace and his son Prem and his wife Vijay Laxmi were sleeping in a separate room. His wife Sushila was sleeping near buffaloes outside the house.