RISHI RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through the instant order, we propose to dispose of Criminal Appeal No.596-DB of 2000, Criminal Appeal No.48-DB of 2001, Criminal Appeal No.50-DB of 2001 and Criminal Appeal No.103 of 2001.

(2.) Through all the aforesaid appeals, the accused/appellants Rishi Raj, Jai Bhagwan, Ram Lal (sons of Roop Chand) and Subhash (son of Hoshiar Singh) have impugned the judgement rendered by the Additional Sessions Judge, Gurgaon, in Sessions Case No.19 of 1998, decided on 29.9.2000, by which they have been held guilty of the offence, punishable under Sections 460 and 302 read with Section 34 of the Indian Penal Code, for having tress-passed the house of the complainant Om Parkash PW2, on the night intervening 29/30.8.1997, and also for having committed the murder of Santra wife of the complainant Om Parkash PW2, and for having caused grievous injuries to Kailash i.e. the daughter of Santra and Om Parkash. By a separate order passed on 12.10.2000, all the accused/appellants Rishi Raj, Jai Bhagwan, Ram Lal and Subhash were sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/each, under Section 460 read with Section 34 of the Indian Penal Code. In case of default of payment of fine, they were sentenced to undergo further rigorous imprisonment for one year. All the accused/appellants Rishi Raj, Jai Bhagwan, Ram Lal and Subhash were also sentenced to undergo imprisonment for life and to pay a fine of Rs.7,000/-each, under Section 302 read with Section 34 of the Indian Penal Code. In case of default in payment of fine, they were ordered to undergo further rigorous imprisonment for one and a half years.

(3.) The prosecution version of the incident is based on the complaint made by the complainant Om Parkash PW2 to ASI Maya Chand PW8, on 30.8.1997 at 5.30 AM. In his aforesaid complaint, the complainant Om Parkash PW2 stated that he was a resident of Surat Nagar near Daultabad and was working as a driver on an auto-rickshaw. He had two sons, namely, Anil and Ajit and one daughter Kailash. According to the complainant Om Parkash PW2, his daughter Kailash was married. On the day of the occurrence i.e. on 29/30.8.1997, she had come to his house to meet the family. At the time of the occurrence, according to the complainant Om Parkash PW2, his wife Santra and his daughter Kailash were sleeping in one room, whereas, he himself alongwith his son Anil, was sleeping in another room. In so far as the second son is concerned, it was stated that Ajit had not come back from the factory where he was employed, during the night under reference. In so far as the occurrence is concerned, it was asserted by the complainant Om Parkash PW2 that at about 3.00 O'clock on the night intervening 29/30.8.1997, his daughter Kailash called out for him, stating that there were thieves in the house. On hearing his daughter Kailash, the complainant Om Parkash PW2 and his son Anil woke up and ran towards the door, but found that the same was bolted from the outside. The complainant Om Parkash PW2 pushed open the door, and saw his daughter, with a head injury from which blood was oozing. The daughter of the complainant Om Parkash PW2 pointed towards the direction in which the thieves had run away. Whereupon, the complainant Om Parkash PW2 and his son Anil ran towards the direction pointed out by his daughter Kailash and saw 3/4 persons. On seeing the complainant Om Parkash PW2, the persons proclaimed that "fauji" had come. Accordingly, they ran away. According to the complainant Om Parkash PW2, he, as well as his son Anil, followed the persons who had tress-passed into his house, and identified them as the accused Rishi Raj, Jai Bhagwan, Ram Lal and Subhash. Despite the chase, the assailants escaped. Whereupon, the complainant Om Parkash PW2 and his son Anil returned to the house. The complainant Om Parkash PW2 then took his daughter and wife i.e. Kailash and Santra to the government hospital for treatment and got them admitted there. After getting them admitted, the complainant Om Parkash PW2 proceeded towards the police station to register a complaint. On the way, the complainant Om Parkash PW2 met ASI Maya Chand PW8, who recorded his statement. In his statement, the complainant Om Parkash PW2 asserted that he would check his house and thereafter give the list of the stolen articles.