HORI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE three appellants were tried along with two others, namely, Sukla alias Kaliya and Om Pati for offences under Section 395 read with Section 397 IPC. Vide judgment and order dated 23.2.1993, Additional Sessions Judge, Rewari convicted the appellants for the said offences and sentenced them to undergo RI for seven years and to pay a fine of Rs. 1,000/- each. In default of payment of fine, the defaulter was directed to undergo further RI for three months. Remaining two accused, namely, Sukla alias Kaliya and Om Pati were acquitted of the charges against them. It may also be mentioned here that there was one more accused, namely, Harpal, who could not be arrested during the investigation of the case and was, accordingly, declared a proclaimed offender.

(2.) THE occurrence in question had taken place on 20.10.1987 at about 9.00 p.m. at Rewari when five persons, in the age group of 20-26 years, entered the house of complainant Tara Chand situated at Bawal Road. At that time the complainant was watching television programme in the baithak of his house. His family members were also sitting by his side. His Chowkidar Puran was present outside the house. He was told by his daughter-in-law Nirmala that their Chowkidar had received electric current. At this, the complainant went out and saw the Chowkidar lying on the ground. The five accused were found standing there. One of them was having a pipe, while others were armed with knives and chhuries. They caught hold of him and slapped him besides asking him to hand over the cash to them and they key of almirah. One of the accused took out currency note worth Rs. 20/- lying in his pocket. Four of the accused then entered the house, while one remained present near the Chowkidar. The ladies and children shut themselves in the bed-room. The accused asked them to open the door else they would shoot the complainant. On this they opened the door. The accused obtained the key of almirah from Nirmala and after opening the almirah they took out four bangles of gold, weighing about 10 tolas, belonging to Shahi Bala, three rings of gold, two pairs of ear rings, one pair of silver tops, one big ring (kara) of silver, some other ornaments of sliver, coins and two wrist watches. The accused put the aforementioned ornaments in a brief case lying on the almirah. On finding an opportunity, the complainant managed to slip out of the house and raised an alarm, which attracted one Sahasar Budhe, an NCC Major, who was residing in the neighbourhood. Said Major caught hold of the dacoit but another accused gave a pipe blow on his head. All the accused thereafter ran away by scaling over the boundary wall of the house. The complainant also received a pipe blow on his fore-head from them while they were fleeing from the spot.

(3.) ON 2.11.1987, a police team went to Delhi in search of accused. When they reached Jamna Park, Delhi it saw accused Harpal and Rahish Ahmad accused. Both of them were apprehended. On the search of accused Harpal, two bangles, two tops and two silver coins were recovered. He made a disclosure statement regarding having concealed one knife in the ditches near the place of occurrence which he could get it recovered. On the search of Rahish Ahmad accused, two bangles, two kokas, one tops, a wrist watch and silver coin of Rs. 10/- were recovered. This accused also made a disclosure statement in respect of a pistol kept concealed by him in the ditches near the place of occurrence. On being taken to Rewari, accused Rahish Ahmad got the pistol and two live cartridges recovered from the stated place.