PANKAJ AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Pankaj and Tilak Ram @ Tilak Raj have challenged the judgement of conviction recorded by the trial Court whereby both the accused were convicted under Section 323 IPC and were each sentenced to undergo 1 year R.I. and to pay a fine of Rs. 1000/ - each and in default to undergo a further period of 15 days and were also convicted under Section 398 IPC and sentenced to undergo 7 years R.I.

(2.) IT is the case of the prosecution that on 14.11.2011 at about 10.30 a.m. both the accused alongwith three other persons entered into the house of PW5 Parkash Kaur and attacked her and her daughter Amarjit Kaur who was deaf and dumb with small kirpan possessed by accused Pankaj and an iron rod possessed by accused Tilak Ram @ Tilak Raj and caused injuries during the course of attempting to commit dacoity.

(3.) PW 5 Parkash Kaur has deposed that on 14.11.2011, at about 10.30 a.m., she and her daughter Amarjit Kaur, who was deaf and dumb, were present in their house at village Kahma. Five persons barged into her house and one of the accused started beating her daughter on her head. He also started beating her. PW5 and her daughter were in the grip of fear. They also threatened PW5 to tell them the storage point of the gold ornaments and money. They also demanded the key. PW5 and her daughter started crying. PW2 Nirmal Kaur the neighbour of PW5 arrived at the spot. She also raised hue and cry. Thereafter, the villagers led by PW1 Harnek Singh and PW3 Swaran Singh gave a chase to the accused. All the five persons made an attempt to escape from the clutches of the villagers. Accused Pankaj and Tilak Ram alongwith one Anil were apprehended at the spot. The police arrested them and on the basis of the disclosure statement suffered by each of them, a knife and rod were recovered underneath the kot of PW5.