TEGA Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this judgment I will dispose of two Criminal Appeals No. 401-SB of 1987; Tega and five others v. State of Haryana and Criminal Appeal No. 494-SB of 1987; Sankar v. State of Haryana as in the opinion of this court, both the appeals can be disposed of by one judgment because the seven accused have been convicted and sentencing by one judgment.

(2.) The seven appellants Sarvshri Tega, Mohan Lal, Girraj, Pappu alias Vijay Kumar, Shankar, Ranjit Singh and Lakshmi were convicted and sentencing for offence under Section 395 read with Section 397 I.P.C. vide judgment dated 9.6.1987 and they were sentenced to undergo rigorous imprisonment for seven years each under Sections 395 and 397 I.P.C.

(3.) The brief facts of the case are that Shri Nanak Ram lodged F.I.R. Ex. P.M. to the effect that he is resident of village Pyala and had constructed two pucca houses on the phirni land for his residence and his family. On the day of occurrence, i.e. on the night intervening 16/17.1.1986 he and his wife Bharti were sleeping in their Baithak and his two sons namely Narain and Mahesh were sleeping in the room behind the Baithak and his (sic) Des Raj alongwith his wife Kishan Devi was sleeping in a separate room, while Chandra, the wife of his son Suresh was sleeping in another room alongwith her children and his son Suresh had gone on night duty in the Good Year Factory at Ballabgarh. At about 12.00 P.M. in the night he heard noise of knocking the door of his baithak and upon this he enquired as to who was doing like that and a noise was heard from outside the baithak that some Police Personnel are watching and doing night guard duty upon which he replied from inside the baithak that the Police guard would be in the village and thereafter he called his son Mahesh and Narain from the ventilator who also woke up. In the meanwhile, four persons after opening his door entered the room and they all were young age and were talking in local language and they committed theft from inside the house and took away one pair of silver kundals on which gold patti was wrapped, one pair of silver pajeb weighing 20 tolas, one silver tagri weighing 30 tolas, one pair of silver shatan Baja weighing 20 tolas and Rs. 550/- in cash, 3 Kgs, Desi Ghee and wrist watch make Henry Sandoz. The complainant and his son tried to stop them alongwith the stolen articles, but the appellants gave him injuries on the left side of the ear, right side of chest, head left side of his shoulders with lathis and dandas. The accused committed same thing in the house of Jai Parkash son of Tulsi Ram caste Brahaman and also fired shots.