(1.) BY this order, we will dispose of aforesaid appeals preferred by the accused/appellants against the same judgment and order dated26.3.2011, passed by the learned Sessions Judge, Fatehgarh Sahib, vide which appellants were convicted for an offence under Section 460 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for life. They were also fined Rs. 320,000/ - each, in default thereof, further rigorous imprisonment for one and a half year each. Out of the fine, if realized, an amount of Rs. 1,00,000/ - was ordered to be paid to the complainant Sardul Singh as compensation.
(2.) ON the night intervening 28/29.4.2001, Sardul Singh (complainant) alongwith his daughters Daljit Kaur, Sukhjit Kaur, Kamaljit Kaur and son Varinder Singh, was present in his house constructed in the fields near G.T. Road in the area of village Nabipur, falling within the jurisdiction of Police Station Sirhind, District Fatehgarh Sahib. Sardul Singh alongwith his daughters Daljit Kaur and Kamaljit Kaur was sleeping in the compound of his house, whereas his wife Pritam Kaur, daughter Sukhjit Kaur and daughter -in -law Charanjit Kaur alongwith her two children were sleeping inside the house. His son Varinder Singh alongwith Virsa Singh son of Ganpat Rai, who has been staying with them since long, was lying in the outer compound near the area meant for livestock to keep a watch on the agricultural produce. His servant Nandu Bhaiya, who hails from Muzaffarnagar, was lying on the roof of room meant for storing husk. At about 2:00 AM in the night, 7/8 persons entered the house of the complainant and woke them up. One of the intruders was carrying a rifle, one was carrying an iron rod, one was carrying hammer and one of them was carrying sword. All of them had shorn hair. One of them had tied a green coloured cloth around his face. They were wearing kurta pajama, shirt, trouser and were speaking Hindiand Punjabi. They appeared to be in the age group of 25 -30 years. All the assailants asked Sardul Singh to hand over all the money and gold. In the meanwhile, the daughters of the complainant, who were lying by his side, woke up and when they raised alarm, complainant was given injury on his face, head and arms. The assailants also caused injuries on the head, face and other parts of bodies of Daljit Kaur and Kamaljit Kaur, daughters of the complainant. Upon hearing the alarm, Pritam Kaur, wife of the complainant, came out of the room. She was also given injuries on the head and face. On receiving injuries, all the family members of the complainant raised alarm, upon which Varinder Singh, son of the complainant who was lying in the outer compound, also came there. One of the assailants, who was carrying a rifle, fired at Varinder Singh, as a result of which, Varinder Singh fell down at the spot. Then all the assailants confined the family of the complainant in a room. They break open the locks of the almirahs and iron storage box lying in the room and took away 15 tolas of gold and Rs. 30,000/ - lying in the almirah of Charanjit Kaur, daughter in law of the complainant and thereafter ran away from the spot. Complainant then broke the latch of the door and freed the remaining members of the family. On the alarm raised by the complainant, Mangal Singh son of Puran Singh, resident of Nabipur and other persons came at the spot and removed the injured to the hospital. Varinder Singh breathed his last on way to hospital.
(3.) THE wireless questy was received through ASI Narinder Singh, Police Post Incharge Nabipur that 7/8 persons entered in the house of Sardul Singh and caused injuries to Sardul Singh and his family and have taken away the cash and ornaments. The co -villagers had taken the injuredto the Civil Hospital, Fatehgarh Sahib.