JAGDISH RAI AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Convicts Jagdish Rai, Jaspal Singh and Gurjant Singh have filed this criminal appeal assailing their conviction and sentence ordered by learned Additional Sessions Judge, Bathinda vide judgment and order dated 22.11.2001 thereby convicting appellants Jagdish Rai and Jaspal Singh under Section 392 IPC read with Section 397 IPC and under Sections 452 and 411 IPC and convicting appellant No.3 Gurjant Singh under Section 411 IPC only and sentencing appellants Jagdish Rai and Jaspal Singh to undergo rigorous imprisonment for 07 years and to pay fine of Rs. 2,000/- each for offence under Section 392 read with Section 397 IPC and to undergo rigorous imprisonment for 02 years and to pay fine of Rs. 1,000/- each under Section 452 IPC and also sentencing all the three appellants to undergo rigorous imprisonment for 01 year and to pay fine of Rs. 1,000/- each under Section 411 IPC. All the sentences of appellants No.1 and 2 were ordered to run concurrently.

(2.) Prosecution case is that on 12.06.1994, robbery was committed in the house of Karamjit Kaur-complainant, who lodged the FIR. According to her, two young persons entered into her house and asked her to hand over cash and jewellery to them. She told that she had nothing in the house. Then both of them pointed their pistols towards her and took her inside the house. Lock of her iron box was opened and gold ornaments detailed in the FIR were stolen besides a pair of silver Panjebs (anklets). Similarly, lock of iron box of complainant's mother-in-law was also broken and gold ornaments and pair of silver Panjebs (anklets) and cash amount of Rs. 1,000/- were taken out. Both the said persons fled away with the aforesaid ornaments and cash amount in white Maruti Car without registration number.

(3.) The case was investigated by different police officers. Broken locks and other articles were taken into possession from the spot after inspection by finger print expert.