(1.) The present appeal has been directed against the judgment of conviction and order of sentence dated 4.10.2002 and 5.10.2002, respectively passed by the Additional Sessions Judge, Kaithal whereby the appellants have been convicted and sentenced for commission of offence punishable under Sections 399 and 402 of the Indian Penal Code (in short "IPC"), extracted here in below:--
(2.) A ruqa was sent to the police station for registration of case on the basis whereof formal FIR was registered in Police Station, Sadar, Kaithal by Bharat Singh ASI. On completion of investigation, challan was presented in the Court. The case was committed to the Court of Sessions as offence under Sections 399 and 402 IPC is exclusively triable by the said court. After hearing counsel for the parties, all the accused were charged for commission of offence punishable under Sections 399, 402 IPC to which they pleaded not guilty and claimed trial.
(3.) To prove its case, the prosecution examined as many as 05 witnesses namely, Subhash Chand PW 1, ASI Bharat Singh PW 2, Parmod Kumar PW 3, Inspector Ram Chander PW 4 and HC Dharam Singh PW 5.