SANJAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT Sanjay has filed this appeal against the judgment of conviction and order of sentence dated 1.5.1992 passed by the Additional Sessions Judge, Jind vide which the appellant and his co-accused Tejbir have been convicted under Sections 452/394/397 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 100/- under Section 397 read with Section 34 IPC and to further undergo rigorous imprisonment for three months in default of payment of fine; to undergo rigorous imprisonment for two years and to pay a fine of Rs. 100/- under Section 452 read with Section 34 IPC and in default of payment of fine to further undergo rigorous imprisonment for three months, and to undergo rigorous imprisonment for five years and to a fine of Rs. 100/- under Section 394 IPC and in default of payment of fine, to further undergo rigorous imprisonment for three months.

(2.) BOTH the aforesaid accused filed separate Criminal Appeals bearing Crl. Appeal No. 196-SB of 1992 and Criminal Appeal No. 212-SB of 1992. During the pendency of these appeals, accused Tejbir had expired, therefore, the appeal filed by him i.e. Criminal Appeal No. 212-SB of 1992 was ordered to be dismissed as abated.

(3.) SUBSEQUENTLY , on 18.7.1991, the statement of Santosh was recorded by PW-9 Inspector Angrej Singh. In her statement, she disclosed that on 17.7.1991 she was present at her house and her daughter, who was aged about 3 years, was sleeping. At about 10 a.m. when she was about to go to bathroom to take bath, she heard the bell. On opening of the door, she saw two young persons standing at the gate. They asked her about the house of Ramesh Danda. She told them that she was not knowing Ramesh Danda. Then both the accused went away. Subsequently, when she came out of the bathroom after about 15/20 minutes, she heard the noise of the opening of the door. She saw two persons who had earlier come and entered in her house, and they started giving beating to her. One of the accused was armed with pistol like iron rod. In her statement, she had given description and age of the culprits. Subsequently, Santosh while appearing in the Court as PW-7 had identified both the accused, who had entered in her house on 17.7.1991 and caused injuries to her.