M.L.SINGHAL,J - (1.) BOTH these criminal appeals shall be disposed of through this common judgment, as they arise out of conviction and sentence passed upon Satish Kumar and others in Crl. Appeal No. 292-SB of 2000 and one Ranbir in Crl. Appeal No. 294-SB of 2000, in case FIR No. 149 of 1996, under Sections 395/397/411/412/216-A of the Indian Penal Code (hereinafter referred to as the Code) of Police Station, Sadhaura (Sessions Case No. 16 of 1997) by Additional Sessions Judge, Jagadhri vide order dated 18.2.2000.
(2.) THE prosecution case, in brief, is that on 27.9.1996, at about 11.30 A.M., Smt. Suman Verma wife of Mohinder Verma, resident of Sadhaura was at her house. Her husband Mohinder Kumar was away to his shop and all her four children were away to school. At the house, she, her maid Shashi's daughter Ranjuo Devi aged 13/14 years were present. They were busy in doing domestic chores. The main door of the house was open. Four young men entered the house through the main gate. One of them was wearing pant and shirt. He was sporting a small beard on his chin only. Rest of the three young men were wearing white shirts and pyjamas. There was a white coloured bag hanging on the left shoulder of the young man who was sporting a small beard. He dragged Suman Verma forcibly and took her to the store. He took one knife out of that bag. He placed the edge of that knife on her right eyebrow saying that she should hand over the keys of her almirah to him and also put off the ornaments, she was wearing. Out of fear, she put off her gold ear rings, two gold bangles each she was wearing on her hands and also the rings she was wearing on her left hand fingers and handed over these ornaments to him. He gave her a jerk and wrested the gold chain, she was wearing round her neck. As a result, there appeared scratch on her neck. She suffered injury on her right eyebrow due to the constant prick of the knife on it. He gagged her mouth with a cloth lying nearby. He put that knife in his bag. He took pistol out of that bag and placed that pistol on her chest and started frightening her. Two of those boys started searching the house. Fourth young man caught hold of Ranjo Devi and took her to the other room. He put her in fear and asked her about the keys of the almirahs. Two young men, who were searching the house, came across the keys of the almirah lying on the top of the almirah and opened the almirah and took out Rs. 4,000/-, 2-1/2 kgs of silver ornaments, two lady ear rings lying in the almirah. From the almirah, they took out some stitched clothes and also some unstitched clothes and put them in a bag. At about 12.15 P.M., all her four children came from the school and started knocking at the main gate of the house. In the meantime, her neighbour Saroj wife of Radhey Shyam Chadha came in front of the main gate of the house. One person unbolted the door and brought the children inside. On finding that stranger in the house, Saroj raised raula 'thief, thief'. They made off with the aforesaid gold ornaments, cash etc., in a white coloured Maruti car standing nearby. The matter was reported to the police by Suman Verma vide statement Exh. PC, on the basis of which case FIR No. 149 dated 27.9.1996, under Section 394 of the Code was registered at Police Station, Sadhaura. After investigation, Satish Kumar, Ranbir etc., accused (six in number) were challaned. Case was committed to the Court of Session by Shri S.P. Singh, Judicial Magistrate Ist Class, Jagadhri. Vijender, Rajesh, Ranbir, Satish and Ashwani were charged under Section 411 of the Code, all of them were charged under Sections 395/397 of the Code and Krishan Chand was charged under Sections 412/216A of the Code vide order dated 11.5.1998. At the conclusion of the trial, Additional Sessions Judge, Jagadhri found the charge as not proved against accused Krishan Chand and he accordingly acquitted him. He found the charge under Sections 397 read with Section 395 IPC and 411 IPC proved against accused Ranbir, Satish, Rajesh @ Lala, Vijender and Ashwani alias Sunny and sentenced them to undergo rigorous imprisonment for seven years each and to pay fine of Rs. 1000/- each and in default thereof, to undergo further rigorous imprisonment for six months each under Sections 395/397 of the Code. He further sentenced them to undergo rigorous imprisonment for two years each under Section 411 of the Code. He ordered the sentences to run concurrently.
(3.) AGGRIEVED by their conviction and sentence, Satish, Rajesh alias Lala, Vijendar and Ashwani alias Sunny have come up in appeal, namely Crl. Appeal No. 292-SB of 2000. Similarly aggrieved by his conviction and sentence, Ranbir has come up in appeal, namely Crl. Appeal No. 294-SB of 2000.;