HARDWARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS criminal appeal arises out of a judgment dated 9.2.2001 passed by the learned Additional Sessions Judge, Gurgaon, in Sessions case No. 40 dated 22.5.1999, convicting the sole accused-appellant under Sections 459 and 460 IPC, and sentencing him to undergo RI for seven years with a fine of Rs. 500/- with a further direction to undergo RI for one month in case of default of payment of fine on the first count, and imprisonment for life with a fine of Rs. 500/- with a further direction to undergo RI for a period of one month in case of default of payment of fine on the second count.

(2.) AS per the prosecution case, a ruqa (Ex. PH) was recorded on the statement of Jagbir Singh (PW-7) by an ASI, Incharge of Police Post Palam Vihar, on 22.12.1997. Pursuant thereto, an FIR (Exh. PH-1) was registered on the same day at 7.50 a.m. under Sections 458 and 380 IPC. The complainant stated that he is a resident of D-48, New Palam Vihar, Gurgaon, and was working in Punjab National Bank, R.K. Puram, Delhi. A day prior to that was holiday, and he was present in his house. After finishing his daily routine at 10 p.m., he along with his other family members namely father Raghunath, mother Kiran Devi, wife Shashi Bala, and nephew (sister's son) Vikas, went to sleep after closing the door of the house. At about 3.45 a.m., three persons, out of whom one had a good height and the other two who had short stature, entered into his room with iron pipes in their hands. They hit him therewith continuously for a number of times on his head. He fell down and became unconscious. After he had fell down they had also beaten his mother, father, wife and nephew with iron pipes. They had then opened the almirah, iron box and other cases, and had ransacked the entire house while taking away the household articles. However, he could not tell the details of all the items they had taken away. He only stated that they had taken the ornaments of his wife and Rs. 2,000/- in cash. The details of jewellery were to be given by his wife Shashi Bala. The assailants had entered into his house from its roof and had come down through the staircase. They had returned after the occurrence through the same route. After they had gone away, he became conscious and came out. First of all, he informed one Rajinder, his neighbourer, about the incident, and his brother. Shortly thereafter, Naresh Kumar Yadav, another resident of the colony, brought his vehicle and got him admitted in a hospital. With the aforesaid contents, the FIR was registered by the Palam Vihar police on 22.12.1997. As per the police proceedings, on that day i.e. 22.12.1997, on receipt of a telephonic message in connection with the incident of theft and beating from the House No. D-48, New Palam Vihar, Gurgaon, ASI Hem Chand (PW-8), being accompanied by Head Constables Ajit Singh and Rohtas Singh, and Constable Yahiya Khan, reached the spot. After a vehicle was arranged, the injured were carried and admitted in a hospital, and thereafter leaving Yahiya Khan, on the spot, he along with Constable Rohtas Singh went to Police Station Sadar, Gurgaon, where the ruqa and MLR were received. Head Constable Ajit Singh was deputed to arrange a Dog Squad of Crime Team and a Photographer. He was also directed to look after and keep watch over the spot. The ASI went to Government Hospital, Gurgaon, where he obtained the opinion of Doctor about the injured. The doctor declared that all the injured were fit to make the statements but injured Shashi Bala was referred to Safdarjung Hospital, New Delhi. Accordingly the statement of Jagbir Singh, was recorded. Thereafter, MLR (No. SN/220/97) of deceased Shashi Bala was obtained. The Doctor mentioned four injuries said to have been caused by blunt weapons. The doctor advised x-ray and kept them under observation. Vide MLR No. 221/1997 of Vikas, the doctor noticed two injuries by blunt weapon and advised x-ray and K.U.O. Similarly, vide MLR No. SN/222/97 of complainant Jagbir Singh, the doctor noticed 7 injuries. They were also caused with blunt weapon and injury Nos. 5, 6 and 7 were advised x-ray. All the injuries were kept under observation. Vide MLR No. 223/97 of Kiran Devi, mother of the complainant, the Doctor had noted five injuries, all with blunt weapon, and injury No. 1, 4, 5 were advised x- ray. Father, vide MLR No. SN/224/97 of Raghunath, the doctor had noted five injuries, all with blunt weapon and injury No. (sic) was sent for medical opinion and injury Nos. 2, 3 and 4 were advised x-ray and were kept under observation. All the injuries had been inflicted on heads. From the statement, initially a case punishable only under Sections 458/380 IPC was made out. Accordingly, a ruqa was sent to the Police Station through Constable Rohtas for registration of a case. (sic), the FIR was registered. One of the injured, Shashi Bala, who was referred to Safdarjung Hospital died soon after her admission in the hospital during treatment. The inquest of the dead body is dated 23.12.1997, and the date, and hour of discovery noted therein is 22.12.1997 at 12.45 p.m. The post-mortem (Ex. PE 11) of the dead-body was conducted by Dr. Alexander, Specialist, Safdarjung Hospital, New Delhi (PW-2), on 23.12.1997. She was identified by Prithvi Singh and Ajit Singh and was brought for post-mortem examination by ASI Srinivas, PS Sarojini Nagar. She was declared dead at 12.45 p.m. on 22.12.1997. He noted the following injuries :-

(3.) AFTER investigations of the case, the police put up a challan against the accused and he was tried upon charges under Sections 459 and 460 IPC. As the prosecution could bring home the charges, the accused was convicted and sentenced as aforesaid.