- (1.) Vide this judgment, I intend to dispose of Crl.A. No. S- 960 SB of 2011 titled as Malkiat Singh and another vs. State of Punjab and Crl.A. No.S 706 SB of 2002 titled as State of Punjab vs. Malkiat Singh and another, as both the appeals arise out of same judgment.
(2.) Briefly stated, the facts of the case are that Malkiat Singh and Iqbal Singh were put to stand trial for offence under Sections 382, 452, 34 IPC.
(3.) The case of the prosecution was that Jagsir Singh complainant met SI Jagjit Singh and suffered statement to the effect that he was residing with his aunt (Massi) Mohinder Kaur and she had two daughters who were married. As she had no son, so Jagsir Singh used to serve her from the very beginning. On 23.4.1993 at about 11.30 p.m. they were sleeping in the court yard of their house and the light was on. Malkiat Singh and Iqbal Singh both the accused entered their house by jumping over the wall. Iqbal Singh was having a pistol in his hand and Malkiat Singh was having .12 bore double barrel gun. Accused Malkiat Singh caught hold of his arms and asked him to give him the gold and cash of his aunt Mohinder Kaur at gun point. Mohinder Kaur also awake at that time and witnessed the occurrence. Due to fear he took the keys of iron box (petti). Then both the accused pushed him and took him inside near the iron box (petti). Jagsir Singh opened the same with the key and handed over two Mohran, two ear rings, three male finger rings, one pair of tops alongwith Rs. 3,700/- which were tied in a hanky of green colour, on which his name 'Jagsir Singh' was engraved/printed. The weight of the above said gold ornaments was 32 grams. While going, both the accused threatened them not to disclose the matter to the police, failing which they would be eliminated.;