GURCHARAN SINGH Vs. AJMER SINGH @ GORKHA AND OTHERS

JUDGEMENT

(1.) This appeal has been filed against judgment dated 26.11.2013, passed by the Additional Sessions Judge, Bathinda in Criminal Appeal No.57 of 04.10.2012 (R.T. No.74 dated 05.09.2013) whereby judgment of the trial Court, dated 04.09.2012 convicting and sentencing respondents No.1 to 3 for offences punishable under Sections 458 and 323 read with Section 34 of Indian Penal Code (for short 'IPC') was set aside and they were ordered to be acquitted.

(2.) The case of the prosecution, in brief, is that on the intervening night of 16th/17th August, 2009, respondent No.1 Ajmer Singh came to the house of appellant-complainant Gurcharan Singh and called him. Appellant and his wife Jasbir Kaur opened the door. Respondent No.1 Ajmer Singh was armed with wooden log, while his son Sonu respondent No.3 and his wife Shinder Kaur respondent No.2 were armed with sticks. They were accompanied by 10/12 muffled faced persons. Ajmer Singh gave a push to the outer wall. As a result of which, the outer gate broke down. Respondents No.1 to 3 along with their accomplice trespassed into the house of appellant and started giving beatings to him with their respective weapons. When the wife of appellant intervened to rescue him, respondent No.2 Shinder Kaur caught hold of her from her hair and gave her beatings. The respondents and their accomplice damaged the household goods and started throwing the goods lying in the house. They also damaged the shed made of cement sheet and respondent No.2 Shinder Kaur snatched gold ear rings of Jasbir Kaur weighing one quarter tola. The intruders damaged the refrigerator, washing machine and other fixtures in the house and took away two small Texla colour TVs, purse containing Rs. 25,000/-, one gold Kara, one gold ring weighing one tola, one gas cylinder and one China made mobile. The hue and cry raised by the appellant attracted Kala Singh son of Pritam Singh, Gurtej Singh son of Mukhtiar Singh and neighbours to the spot at which respondents No.1 to 3 along with their accomplice fled away from the spot.

(3.) The matter was reported to the police on the next day in the evening at 08.00 p.m., whereupon formal FIR No.72 dated 17.08.2009 was registered at Police Station Rama, District Bathinda. Respondents No.1 to 3 were arrested and after completion of investigation, challan was presented in the Court.