Decided on November 18,1983

STATE Respondents

Referred Judgements :-



M.L.Jam, J. - (1.)The learned AddI. Sessions Judge convicted one Mewa Lal and appellant Ramesh Kumar under sections 452/34 I.P.C They were each awarded rigorous imprisonment for one year and fine of Rs50/-,in default of which to further rigorous imprisonment for one month. He also convicted them under sections 393/94 IPC and awarded to Mewa Lal rigorous imprisonment for three years and fine of Rs.50/-, in default whereof to further rigorous imprisonment for two months. He sentenced Ramesh Kumar to rigorous imprisonment for seven years with the aid of sec. 398 IPC. The substantive sentences were directed to run concurrently. This is an appeal from jail by Ramesh Kumar.
(2.)The prosecution case was that on 1.4.1981 at about noon time Dharam Kanta regard to the involvement of the accused in the (PW. 1) was inside her house with her nine month old daughter. Her son Satinder (PW 2) aped about 12 years was studying in the open space outside the house. The accused pressed the call bell. When she opened the door, they forced their entry by pushing her. One of them Ramesh Kumar held the pistol to her neck and asked her to tell them as to where she had kept the cash and ornaments. If she did not do so, she will be shot dead. When they tried to push her into the bath room, she caught hold of the pistol and pleaded for her life. When her son wanted to enter the house, she scared him away. The boy raised an alarm and the intruders took to their heels. Then she too raised alarm. Her neighbors Sohan Lal (PW. 5) and other, persons collected on the spot. They chased the intruders but they were able to escape towards Singalpur village. SI Raj Kumar (PW 8) reached the house of Dharam Kanta after a telephonic message was received from Sohanlal at the police station, Adarsh Nagar at 1.05 p.m. He recorded her statement at 150 p.m. The FIR was then registered at 2.05 p.m. In this statement she gave the description of the accused.
(3.)Meanwhile , the accuse w3ere seen running near the Railway lines son Ring Road near Block C5 Lawrence Road by a police party headed by SI Gurbachan Sing (PW.7)around 12.30 p.m. on that very day. Mewa Lal took out a pistol a black bag and tried to dine a shot from the pistol, whereas Ramesh Kumar waived a danger But the police over powered them and took them to Lawrence Road Police Station. In the course of interrogation they disclosed that they could shoe the place where taken to the house of Dharan Kanta around 3.30 p.m. where they were identified by her. They were formally arrested by Raj Kumar at 8.30 p.m.

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