(1.) FEELING aggrieved by the judgment dated 17.4.2009 passed by the Additional Sessions Judge, Fatehabad, the instant appeal has been preferred by Kuldeep Singh (convict), convicted and sentenced for committing offence punishable under Section 395 of the Indian Penal Code (for short "IPC"), detailed hereinbelow: -
(2.) THE facts, in brief, are that Pawan Kumar son of Khan Chand made a statement before the police that on 17.2.2007 at about 7.30 p.m. Reeta Devi, his wife and Honey, his son were in his house. Three persons armed with pistol and kappas entered his house and took two gold rings, one gold chain, Rs. 1,000/ - and one mobile set from his house. Meanwhile, Lakhbir Singh son of Seta Singh and his brother Niranjan Singh came to his house to give sweets and gave call bell. One of the accused opened the door, pushed Lakhbir Singh and Niranjan Singh inside and kept them confined in a room along with his family members. The accused snatched one mobile Motorola, purse, one wrist watch and sim from Lakhbir Singh and Niranjan Singh. One of the accused armed with pistol encircled Reeta Devi, Niranjan Singh and Lakhbir Singh and remaining two persons armed with kappas ransacked the house. The accused were exhorting to kill one of the hostages to take the key.
(3.) DURING course of investigation, Prithvi Singh and Kala Singh were arrested, site plan of the place of occurrence was prepared, statements of the witnesses were recorded. On completion of investigation, challan was filed against accused Prithvi Singh and Kala Singh.