HAWA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) - This judgment will dispose of Criminal Appeal No. 654-SB of 1994 (Hawa Singh v. State of Haryana), Crl. Appeal No. 18-SB of 1995 (Jitender alias Kala v. State of Haryana), Crl. Appeal No. 127-SB of 1995 (Zile Singh v. State of Haryana), Crl. Appeal No. 155-SB of 1995 (Bhim Singh v. State of Haryana), Crl. Appeal No. 245-SB of 1995 (Harpal v. State of Haryana), Crl. Appeal No. 381- SB of 1995 (Roshan Lal v. State of Haryana) and Crl. Appeal No. 563-SB of 1995 (Soma v. State of Haryana) as these are directed against the common judgment and order dated 28.11.1994 and 30.11.1994 respectively, passed by the learned Additional Sessions Judge, Kaithal, by which the appellants have been convicted under Section 392 read with Section 397 of the Indian Penal Code and each one of them has been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 200/- and in default of payment of fine, to further undergo rigorous imprisonment for three months. They have also been convicted under Section 148 of the Indian Penal Code and each one of them has been sentenced to undergo rigorous imprisonment for three months. However, their substantive sentences were ordered to run concurrently.

(2.) BRIEFLY stated, the case of the prosecution as culled out from the statements of complainant Parbhu Dayal (PW 7), Sukhbir Singh (PW 8) and Raj Kumar (PW 9) is that on December 5, 1991, at about 1.00 A.M., all the seven accused came to the house of Parbhu Dayal (PW 7) and broke open lock of the kitchen. Out of them, 3/4 persons armed with lathis and iron rods entered through service window of the kitchen, in the bed room of Parbhu Dayal where he was sleeping along with his wife Krishna; made them get up and demanded their valuables by giving beating to Parbhu Dayal and Krishna. They removed the ear-rings of Krishna and snatched Rs. 900/- and one wrist watch from Parbhu Dayal. On his resistance, Parbhu Dayal was given a danda blow on his head. On hearing alarm, Pritam Singh, Sukhbir Singh, and Raj Kumar rushed towards Parbhu Dayal. Accused Harpal who was armed with a knife, inflicted knife blow in the stomach of Sukhbir Singh, whereupon the latter fell down. When Raj Kumar and Pritam Singh intervened, they were given beating with lathis and iron rods. In the meantime, some of the neighbourers came out of their houses and raised alarm; whereupon the accused made good their escape along with the valuables of Parbhu Dayal and his wife Krishna. The injured were taken to Civil Hospital, Kaithal, where they were admitted and medico-legally examined. On receipt of a ruqa from the doctor, police reached the hospital and recorded the statement of Parbhu Dayal; on the basis of which this case was registered at Police Station City, Kaithal. Accused Roshan was arrested on December 13, 1991 from his house at Amargarh Gamri, Kaithal. On December 15, 1991, Pritam Singh and Parbhu Dayal, PWs, had gone to Hind Cinema to see a movie. There, they noticed Soma and Bhima accused, whom they had seen in the house and courtyard of Parbhu Dayal in electric light along with their co-accused. They quietly slipped away from the Cinema Hall and informed the police, whereafter the A.S.I. rushed to the Cinema Hall and arrested both the accused. On December 16, 1991, in the presence of Pritam Singh and Parbhu Dayal, PWs, accused Roshan was interrogated in the Police Station and he disclosed that he had kept concealed one pair of ear-rings, a bucket, kurta and pyjama in his rented room in Arjan Nagar, Kaithal. His disclosure statement, Ex. PE, was recorded. He was taken to the disclosed place where he got recovered the aforesaid articles. Similarly, accused Bhima and Soma, on interrogation by the police, made disclosure statements, Exhibits PF and PG, respectively in pursuance whereof banyan and pyjama of Sukhbir Singh (PW 8) were recovered from the disclosed places and as per report of Forensic Science Laboratory, human blood was detected thereon. Similarly, human blood was also detected by the Forensic Science Laboratory in the blood-stained earth which too had been taken into possession by the police. After completion of the investigation, all the accused were challaned in the Court of the Ilaqa Magistrate.

(3.) PW 1 Dr. S.K. Singal, Radiologist, stated that on December 5, 1991, he had conducted X-ray examination of Parbhu Dayal (PW 7) and did not detect any fracture. He further stated that on the same day, he had radiologically examined Sukhbir Singh injured (PW 8) and found no abnormality. The X-ray reports of Parbhu Dayal and Sukhbir Singh, injured PWs, are Exhibits, PA and PB respectively.