REKHA MITTAL, J. - (1.) THE present appeal has been directed against judgment dated 17.04.2009, passed by the Additional Sessions Judge, Fatehabad, whereby the appellant has been convicted and sentenced for commission of offence punishable under Section 395 of the Indian Penal Code (in short, 'IPC'), as detailed hereinbelow: - Name of Sentence awarded convict Kala Singh To undergo RI for a period of seven years and to pay a fine of Rs.5000/ - for commission of offence punishable under Section 395 IPC. In default of payment of fine, to further undergo simple imprisonment for a period of one year.
(2.) PAWAN Kumar complainant submitted an application, Ex.P1, on the allegations that on 17.02.2007 at about 7.30 pm, his wife Reeta Devi and son Hunny were in their house bearing No. 186, Model Town Ratia. Three persons armed with pistol and kappas entered the house and took away two gold rings, one gold chain, Rs.1,000/ - in cash and one mobile set from the house. In the meanwhile, Lakhbir Singh son of Seta Singh and his brother Niranjan Sing came to his house to give sweets and pressed call bell. One of the accused already present in the house opened the door, pushed Lakhbir Singh and Niranjan Singh and kept them confined in a room along with his child and wife. They snatched one mobile (motorola), purse, one wrist watch and sim card from Lakhbir Singh and Niranjan Singh. One person, armed with pistol, encircled Reeta Devi, Niranjan Singh and Lakhbir Singh and remaining two persons armed with kappas ransacked the house. The accused were repeatedly saying to kill one of the hostages to take the keys. During investigation, five persons were arrested, including the appellant, they were interrogated and in pursuance of their disclosure statements, certain recoveries were effected. Rough site plan of the place of occurrence was prepared and on completion of investigation, challan was presented in the Court.
(3.) THE case was committed to the Court of Sessions as offence under Section 395 IPC being exclusively triable by the said Court. The accused were charged for commission of aforesaid offence, to which they pleaded not guilty and claimed trial. To prove its case, the prosecution examined as many as fourteen witnesses, namely Balwant Singh, Draftsman(PW1), SI Raj Kumar, Finger Print Expert (PW2), HC Dalip Singh (PW3), ASI Satpal Singh (PW4), Lakhbir Singh (PW5), HC Saravjeet Singh (PW6), Inspector Kulwant Singh (PW7), Inspector/SHO Yaad Ram (PW8), Reeta Devi (PW9), Complainant Pawan Kumar (PW10), SI Krishan Chander (PW11), ASI Kuldeep Singh (PW12), SI Charan Singh (PW13) and DSP Jai Pal (PW14).;