LAL AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of aforementioned two appeals i.e. CRA No. 476 -DB of 2010 preferred by Lal and Toofan @ Shambhu, both sons of Shibju @ Laxman as well as CRA No. 565 -DB of 2010 preferred by Siri Ram @ Dussa @ Bokhla son of Kishna, directed against the judgment of conviction dated 26.02.2010 and order of sentence dated 27.02.2010 passed by the learned Additional Sessions Judge, Palwal, whereby all the appellants were convicted for the offences punishable under Ss. 396 and 460 IPC and sentenced to undergo for varying terms as mentioned in the order of sentence.

(2.) The prosecution case was set in motion on the statement of Kavita wife of Surender made to ASI Ram Kumar, P.S. Camp Palwal on 16.08.2007. In her statement (Ex. P8), Kavita stated that she was married four months back in Village Agwanpur. She came to her parental home yesterday i.e. 15.08.2007 on the festival of Teej. She stated that she slept while wearing all jewellery with her mother Smt. Rameshwari, whereas her brother Banti @ Devi Singh was sleeping on bed in the outer room and her father Om Parkash was sleeping at the roof. She stated that at about 2.00 AM, she heard noise as a result of which she woke up and saw that two young persons, armed with dandas, were standing near their cot. They started giving beatings to them with dandas and threatened them not to shout otherwise they would be killed. They removed all her ornaments as well as of her mother and muffled their faces. Both of them had also taken away Rs. 5000/ - from the almirah. She further stated that at that time, cries 'maar diya' from her brother and father was also heard. Thereafter, all of them after taking all the ornaments and cash ran away. She stated that after coming outside, she and her mother saw that condition of her brother and father was serious to whom the companions of said persons had given beatings with dandas and also taken away other articles lying in the room with them. She further stated that they were four in numbers; all are young and were speaking village language. She also stated that two persons were wearing underwear and vest only and that she can identify them. On the basis of such statement, ruqa (Ex. P20) was sent to the Police Station for registration of an FIR. On receipt of ruqa, FIR (Ex. P22) under Ss. 457 and 380 IPC was lodged on the same day.

(3.) Thereafter, ASI Ram Kumar visited the spot and prepared rough site plan (Ex. P23). He also taken into possession blood stained earth vide recovery memo Ex. PB. He also called SI Hukam Singh, Finger Prints Expert, who lifted chance prints from the spot and handed over the same to ASI Ram Kumar after converting into separate sealed parcel.