IQBAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) <DJG>MEHTAB S.GILL, J.</DJG> 1.Criminal Appeal No. 492-SB of 1993 I will be deciding Criminal Appeal No.492-SB of 1993 and Criminal Appeal No. 494-SB of 1993 by a common judgment, as they arise out of the same judgment/order dated 9.11.1993 of the Additional Sessions Judge, Panipat. The learned trial Court convicted Iqbal Singh son of Gurbachan Singh and Gulaba son of Dalip Singh under Sections 458/394/397 IPC and sentenced them to undergo RI for seven years and to pay a fine of Rs.1,000/- each, under Sections 394/397 IPC, in default to further undergo RI for six months. Appellants/accused were also sentenced to undergo R.I. for five years and to pay a fine of Rs.500/- under Section 458 IPC, in default to further undergo R.I. for six months. Sentences were ordered to run concurrently.

(2.) Criminal Appeal No. 492-SB of 1993 The case of the prosecution is that on the intervening night of 19/20.5.1989, Rajesh Kumar along with his younger brother was sleeping on the roof of their house and their parents were sleeping in the street in front of the house. At about 1.00/2.00 a.m. Rajesh Kumar heard the dogs barking. He noticed that four persons were coming towards their house. Accused then caught hold of Jagdish and started beating him. Jagdish being the father of Rajesh Kumar. A noise was raised. Accused caught hold of Shakuntla, the mother of the complainant and snatched her ear rings. Accused also beat her. While Jagdish was in the process of running, one of the accused fired a shot towards him. Thereafter, they went on the roof of the house and asked about the household articles

(3.) jewellery. After breaking open the lock of the trunk, they took some cash,golden ring, television and other articles from the house. The prosecution to prove its case brought into the witness box Gurbaj Singh PW1, Ashok Kumar PW2, SI Raj Singh PW3, Ishwar Singh PW4, Ram Parkash PW5, Suresh Kumar PW6, Dr. Arun Sehgal PW7, SI Ishwar Singh PW8, Rajesh Kumar PW9, Hanu Ram Head Constable PW10, Jai Kumar PW11, Shakuntla PW12, Jagdish PW13, ASI Mohinder Singh PW14, Inspector Lakhi Singh PW15 and SI Tara Chand PW16. Learned counsel for the appellants has argued, that the appellants were not recognised by Rajesh Kumar PW9. There was no electric light on. The name of the appellants is not mentioned in the FIR. No test identification parade was held. Appellants have been falsely implicated by the police. Both the appellants did not have any weapon of offence in their hands, allegedly it was the other accused Joga Singh, who