AJAM @ BILLU AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 7.10.2011 and order dated 10.10.2011 rendered by learned Additional Sessions Judge, Kurukshetra, in Sessions Case No. 65 of 2010, whereby accused Ajam alias Billu, Raju, Shanshah alais Arman, Shabeen, Salman alias Sonu and Jora alias Sonu were charged with and tried for the offence punishable under Sections 458, 460, 396, 506 Penal Code. They were convicted and sentenced under Sec. 396 Penal Code to undergo imprisonment for life and to pay fine of Rs. 1,000.00 and in default of payment of fine, they were directed to further undergo simple imprisonment for three months. They were convicted and sentenced under Sec. 460 Penal Code to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs. 1,000.00 and in default of payment of fine, they were directed to further undergo simple imprisonment for three months. They were convicted and sentenced under Sec. 506 Penal Code to undergo rigorous imprisonment for a period of six months. All the sentences were ordered to run concurrently.

(2.) The case of the prosecution in a nutshell is that on 19.3.2010 PW7 Kirpal Singh lodged the complaint, Ex.P30, to the effect that they were four brothers and one sister. His sister was married and was residing in village Sandholi. They were residing in village Asmanpur for the last one year. On 18.3.2010 in the night, they were sleeping in a hut after taking their meal. His father Tara Chand was sleeping on a cot in front of his hut. At about 1.45 A.M., they heard the cries of his father. They all woke up immediately. They saw that three persons armed with lathis, dandas were standing near the cot. They threatened to kill them if they tried to take any action. Few of them were talking outside the hut. They were wearing nikars (shorts) and pants. They were having a torch. They were talking in local language. They searched the whole articles lying in the hut for half an hour. His brother Yashpal asked the assailants not to beat his father, then one of them gave a danda blow on his head. The assailants went away from the spot. Thereafter, they found their father lying in the pool of blood. Injured Yashpal and Tara Chand were removed to Mission Hospital, Pehowa, by Om Parkash in a car for treatment. Tara Chand was referred to PGI Chandigarh. He died. FIR was registered. Thereafter, investigation was completed and challan was put up after completion of all the codal formalities.

(3.) The prosecution examined a number of witnesses in support of the case. The statements of the accused were also recorded under Sec. 313 Crimial P.C. They denied the case of the prosecution. They were convicted and sentenced, as noticed hereinabove. Hence, the present appeal.