MAHABIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellants/accused were convicted of the charge under Section 460 I.P.C. and were sentenced to suffer imprisonment for life and fine Rs. 2000/- each, in default R.I. for six months. Briefly stated, the prosecution case is as follows :-

(2.) THE incident in this case took place during night between 21st/22nd of March, 1993. Complainant Amit Kumar and other family members were sleeping in the house. During that night four persons entered in the house. They were armed with knives. At the point of knife, they demanded from Sarji the key of the cupboard. When she raised hue and cry, one of the two persons started throttling her. Thereupon, she told that keys were lying under her pillow. Thereafter, the thieves took out the keys, but these keys did not fit in the cupboard. Thereupon, these thieves caught hold of Guddi, aged about 15 years, who was sleeping in other room, and demanded the keys. She expressed her ignorance about the keys. The accused then searched for the keys, got the keys and opened the cupboard and looted various valuable articles. Meanwhile, the said Guddi and the complainant Amit Kumar were tied with rope so as to prevent their movement. In the morning, the mother of Amit Kumar called Amit Kumar and then learnt about the incident. They then found that Surgi had been put to death due to the throttling by one of those persons. The telephonic message regarding the commission of the offence of murder and looting had been communicated to the police station, City Narwana. On the following morning on 22.3.1993 the report of the complainant Amit Kumar was recorded by the police on the basis of that FIR was registered at about 8.30 A.M. on 22.3.1993.

(3.) THE trial Court took into consideration the evidence regarding the finger prints collected from the articles found at the spot, which tallied with the sample of the finger prints of the accused. He also took into consideration the extra judicial confession and the recovery of articles at the instance of the accused.