DALIP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) SHRI Dalip Singh son of Shri Bacha Singh son of Shri Sher Singh, a young boy of 24 years at the time of his conviction, has filed the present appeal and it has been directed against the judgment dated 11.10.1994 and order dated 12.10.1994 passed by Addl. Sessions Judge, Faridabad, who convicted the appellant under Section 393 read with Section 398 of the Indian Penal Code and sentenced him to undergo R.I. for a period of seven years and to pay a fine of Rs. 2,000/ - under this section. In default of payment of fine, the appellant was further directed to undergo R.I. for one year.

(2.) THE prosecution case as unfolded in application Ex.PB of complainant Vinish Aggarwal and the statements recorded under Section 161 Cr.P.C. of other witnesses is that the complainant was residing in house No. 338, Sector 16 -A, Faridabad. On 14.5.1993 he and his elder brother Sanjay Aggarwal were present on their shop situated in Nehru Ground, NIT Faridabad. Smt. Meenu, wife of Sanjay Aggarwal and their daughter Priyanka were also residing in the same house. At about noon time Smt. Meenu Aggarwal and Kumari Priyanka were present in the house. Appellant Dalip Singh armed with a pistol entered the house and tried to loot jewellery and cash as pistol point threatening the life of Priyanka. Noise was raised which attracted the neighbours and passers -by. Appellant went through the door and he was caught red -handed by the persons who collected there. Smt. Meenu Aggarwal informed the complainant on telephone. He and his brother Sanjay Aggarwal immediately reached the house on a two -wheeler and found that appellant Dalip Singh had been over -powered by the neighbours including Rajiv Aggarwal. Appellant was holding a pistol. Police was informed and a police party headed by ASI Om Parkash came to the house. The pistol was recovered from the appellant. Some cartridges were also recovered. Appellant had fired a shot from the pistol before being caught hold by the neighbours. The pistol and cartridges were taken into possession by the police after preparing the sketch of the pistol. Application Ex.PB was made at the spot to ASI Om Parkash and it was sent to the police station along with endorsement Ex.PB/1 of the Investigating Officer, on the basis of which formal F.I.R. Ex.PA was recorded by SI Raghbir Singh. Appellant could not produce any licence or permit for the possession of pistol and the ammunition. Therefore, a separate case under Section 25 of the Arms Act was also registered. On completion of the investigation of the case, appellant was challaned in the court of Area Magistrate under Section 393 read with Section 398 IPC. The learned Magistrate supplied the copies of the documents to the appellant and vide commitment order dated 15.10.1993 committed the appellant to the Court of Session in order to face the trial.

(3.) IN order to prove the charge, the prosecution examined seven witnesses namely Constable Rajinder Singh PW1, Inspector Abhay Singh PW2, Smt. Meenu Aggarwal PW3, Vinish Aggarwal PW4, ASI Om Parkash PW5, Sohal Lal, draftsman PW6 and Ravi Talwar PW7.