JOGINDER @ JOGA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of criminal appeals No. CRA-S-909-SB-2005, CRA-S-778-SB-2005 and CRA-S-942-SB-2005 as all these appeals arise out of the same FIR No. 399 dated 26.11.2000 under Sections 395/397/342/ 458/506 IPC & 25-54-59 of the Arms Act registered at Police Station City Bhiwani. For the sake of convenience, facts have been extracted from CRA-S909-SB-2005.

(2.) The present appeals have been filed against the judgment of conviction dated 4.4.2005 and order of sentence dated 6.4.2005 passed by the Additional Sessions Judge (Fast Track Court), Bhiwani, whereby the appellants were convicted under Sections 395/397/458/342/506 IPC and sentenced as under:-

(3.) Complainant PW9 Mohinder Singh approached the police on 26.11.2000 at about 8 A.M. by moving a written complaint Ex.PF that on the preceding night when he along with his wife PW8 Dayawanti and sister-in-law PW7 Nisha were sleeping in their house then at about 1:30 A.M. someone knocked on the door of his house and called out to him by name. On opening the door a young man after introducing himself as Mohinder told him that his scooter had run into trouble and soon thereafter inflicted a blow on the neck of the complainant as a result of which he fell on the floor. Simultaneously five young men with muffled faces, armed with swords and pistols entered the house and after locking up his children in a room starting giving them beatings. One of the assailants after pointing a sword towards PW7 Nisha ordered her to hand him all her valuables. The assailants then after taking the keys of an almirah from his wife PW8 Dayawanti took out Rs.30,000/- from the almirah and another Rs.50,000/- which were lying in the bed. The complainant also alleged that gold jewellery was taken away by the assailants during the dacoity. The complainant stated that the assailants were calling each other by the name of Manoj, Sanju, Sunil and Davinder. Before decamping with the loot, the assailants bolted the door of the house from outside. When the complainant and his family members raised hue and cry, the neighbours were attracted to the spot and they unbolted the door. It was on the basis of this statement that formal FIR No.399 dated 26.11.2000 ( Ex.PF1) under Sections 395/397/342/458/506 IPC & 25-54-59 of the Arms Act was registered at Police Station City Bhiwani against unknown persons. While the investigations were on, on 29.04.2001 vide Ex.PS, a supplementary statement was made by the complainant before PW14 Inspector Subhash Chander to the effect that Rs.50,000/- which had been looted by the assailants on the day of occurrence bore his signatures and had been wrapped in a hankerchief. On 15.05.2001 when during the investigation of one case FIR No. 166/2001 under Sections 399/402 IPC registered at Police Station Bhiwani, the present appellants were being interrogated, their involvement in the instant case came to light. The accused were then arrested and on their interrogation, the appellants Manoj, Mohinder, Mahabir, Davender and Joginder suffered disclosure statements Ex. PG, PH, PJ, PK and PL respectively in pursuance to which recovery of Rs.7300/- and a gold ring was effected from the house of appellant Manoj vide recovery memo Ex.PN, recovery of Rs.6700/- was effected from appellant Mohinder vide recovery memo Ex.PM, recovery of a sword was effected from appellant Manoj vide recovery Memo Ex.PN. Another recovery of Rs.6000/- along with a gold ring vide recovery memo Ex.PP was effected from appellant Manoj, appellant Joginder got recovered Rs.8,000/- along with two gold bangles and two rings vide recovey memo Ex.PQ. Appellant Davender got recovered a sum of Rs.7000/- along with one gold ring from his house vide Recovery Memo Ex.PR. Appellant Manoj @ Vinod @ Chhanga, who died during the pendency of the appeal, got recovered one loaded pistol and Rs.1,000/- from his house vide Ex.PW and PY.