HARDWARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal is directed against judgment of conviction dated 29.10.2002 and order of sentence dated 6.11.2002 passed by the Additional Sessions Judge, Fast Track Court, Sonepat (hereinafter described as 'the trial Court') whereby the appellant was convicted and sentenced to undergo rigorous imprisonment for a period of seven years and to pay an amount of Rs. 2,000/- as fine and in default of payment of fine, to further undergo rigorous imprisonment of two months for an offence punishable under Section 394 read with Section 397 of the Indian Penal Code, 1860 (for short, 'the IPC').

(2.) THE prosecution story as unfolded on the statement of complainant-Smt. Pushpa Devi is that on the night intervening 21st and 22nd April, 1998, she was sleeping in her house situated in Himgiri Colony, Janti Road, Kundi. Her husband's younger brother, Balbir Singh and his wife-Veena and their children were also living with her in the said house. On the fateful night, her husband's younger brother had gone to the factory for his duty and her husband had gone to the village. She was sleeping in a room with Veena and her nephew Rakesh, while other nephew Deepak was sleeping in another room. At about 2.00 a.m., she heard noise of barking of dogs. She got up with Veena and saw four youths armed with iron rods standing in the courtyard of her house. All of them were dark complexioned. As soon as the door was opened, they trespassed into the house and started giving rod blows to the complainant and Veena. They also ransacked the house of the complainant. The assailants were calling out to each other by names of Tara, Lali (subsequently identified as appellant- Hardwari), Jailer and Mahender. The persons who gave rod blows on the head and ear of the complainant were being called as Tara and Jailer. Tara snatched the gold ring half tola which the complainant was wearing in her finger. One of them snatched gold ear rings of Veena weighing half tola and they also snatched a hearing aid machine, a handkerchief of red colour on which the name of the complainant was embroided and some money. They also caused injuries on the face of Deepak after opening the door. Subsequently, the complainant came to know that these gangesters had committed robbery at 2-3 places after causing injuries to several persons and one Guljar Singh also lost his life.

(3.) THE police apprehended the appellant along with others on a secret information that the accused, who were involved in robbery, were moving on foot. Upon search, appellant-Hardwari was found in possession of a wrist watch, one gold ear ring and one gold ring. These articles were taken into possession and converted into a sealed parcel. On interrogation, the appellant made a declaratory statement Exhibit PA to the effect that about six months back, he along with Gogi son of Bhanwar Singh, Jailer son of Mohar Singh committed theft in a farm house by scaling over the wall. After that, they had trespassed some other farm houses and removed money from the iron box. Similarly, other incidents of robbery in which he had indulged were disclosed by the appellant. He also admitted that on the night intervening 21st and 22nd April, 1998, he along with other accused, namely, Tara Chand son of Laxman Bawaria, Jailer son of Mohar Singh Bawaria and Mahender son of Lal Singh Bawria had trespassed into the house of the complainant.