SURESH AND OTHERS Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THROUGH the present appeal, Suresh, Jai Singh, Malkhan Singh, Janki, Vijay, Naresh Pal, Netra Pal, Hari Ram and Lakhan Singh seek to challenge the conviction and sentence recorded against them by the Additional Sessions Judge, Gurgaon on 1 -2.4.1987 under Section 395 read with S. 397 IPC.

(2.) BRIEFLY stated, the prosecution case, as brought out in the testimony of the prosecution witnesses, is that Jiya Ram son of Siri Ram used to reside in village Janola while his brother Kanwar Sain was residing in his house situated at tubewell adjacent to village abadi. On the night intervening 28/29.11.1984 Siri Ram was sleeping in the verandah of his while his grand son Vinay Kumar was sleeping in another Baithak. The wife of Jiya Ram and other members of the family were sleeping inside the house. At about 12.10 A.M. on that night, four bandits came in the house and overpowered Siri Ram and demanded the key of the safe from him. He denied that he had any such key in his possession. These bandits had given him beatings and caused injuries to him on the head and left shoulder. When Siri Ram raised an alarm, the dacoits broke open the door of the main house and entered therein. They also broke open the door of the inner room. On hearing the commotion, the women folk, sleeping inside, came out in the Court -yard and at that time a shot was fired, outside the house, while another shot was fired from the roof of that house. These four bandits entered inside the main house and also dragged Siri Ram alongwith them and again started beating him. Thereafter, the dacoits started snatching ornaments from the persons of women folk and breaking open the locks of the boxes. On hearing the alarm of Siri Ram, Vinay Kumar, his grand son was awakened. The dacoits broke open the boxes lying in the house and looted valuables. A pellet injury was also received by Siri Ram at his left shoulder.

(3.) KANWAR Sain, then left his house for Police Station Pataudi for lodging a report and when he reached Pataudi Chowki, Pataudi near Octroi Post, Ganeshi Lal S.I/SHO of Police Station Pataudi met him while on patrol duty and he recorded the statement of Kanwar Sain at 1.15 A.M. and sent a wireless. Message to SHO of Police Station Farrukhnagar and on its basis the formal FIR was recorded at 2.15 A.M. Sub Inspector Ganeshi Lal alongwith the police party went to the spot. In the meanwhile, S.I. Hira Singh the then SHO of Police Station Farrukhnagar on receipt of wireless message from S.I. Ganeshi Lal reached village Janola and after guarding the scene of occurrence, he started search of the culprits. He also took into possession four moulds, one torch and one empty cartridge of 12 bore from the place of occurrence.