- (1.) By this common judgment, I will dispose of Criminal Appeal No.S-2073-SB of 2004 preferred by accused-appellants Jagdip Singh s/o Kewal Singh, Ranjit Singh @ Kala s/o Sukhwinder Singh and Mangat Singh @ Manga s/o Dayal Singh and Criminal Appeal No.S-2252-SB of 2004 filed by accused-appellant Sonu Sharma s/o Ram Parkash against the judgment and order dated 28.9.2004/29.9.2004 passed by learned Additional Sessions Judge, (Fast Track Court), Kapurthala vide which the accused-appellants Jagdip Singh, Ranjit Singh @ Kala, Sonu Sharma s/o Ram Parkash, Mangat Singh @ Manga alongwith Gurpal Singh @ Pala and Sukhwant Singh @ Pappi @ Mukhwant Singh (non-appellants) were convicted and sentenced to undergo RI for seven years under Section 395 IPC and to pay a fine of Rs. 1000/- each. In default of payment of fine, they were further sentenced to undergo RI for three months. Accused were further sentenced to undergo RI for a period of seven years and to pay a fine of Rs. 1000/- each and in default thereof, they are further sentenced to undergo RI for three months under Section 397 IPC. They were also sentenced to undergo RI for one year and fine of Rs. 500/- each and in default thereof, to further undergo RI for two months under Section 342 IPC. All the sentences were directed to run concurrently.
(2.) Prosecution story is that complainant Balwinder Singh s/o Surjit Singh, who was working as Manager in DIPS School, Dhilwan, was living in the house of Manohar Singh, Ex.Bank Manager in two rented rooms alongwith his family for the last 5-6 years. Manohar Singh Ex.Manager, had shifted to England with family. On 13.3.2002 complainant Balwinder Singh alongwith his wife Gurpreet Kaur and two small children went to bed at about 10 p.m. At about 10.15 p.m., he received a telephonic call from one Pargat Singh, agent. As he started listening to the telephonic call, it disturbed his wife Gurpreet Kaur and she woke up. Thereafter, she went out of the bed room towards bathroom. It was about 10.30 p.m., complainant Balwinder Singh then heard shrieks of his wife from outside. When the complainant tried to go outside, his wife came running inside. Then one unknown Hindu gentleman aged about 24-25 years wheatish colour, height about 5'-6", slim, carrying a pistol tried to enter the bed room of the complainant and in this process, entered into a scuffle with him. He was followed by five more youth, out of them, one Sikh youth, aged about 27-28 years, colour wheatish, height 5' 6", slim was carrying sword. The remaining youths were Hindu gentleman and were in the age group of 24-25 years, wheatish colour, height about 5' 6" and slim. Two of the Hindu gentlemen were carrying swords and other two were carrying knives. When the complainant entered into scuffle with one of intruders, the Sikh youth carrying sword, gave a sword blow which slightly hit the left waist of the complainant. One of the Hindu youth pricked his knife on the chest of the complainant and asked the complainant to hand over whatever is in his possession. Out of fear, complainant handed over his one bangle of gold (Kara) weighing about 3 Tolas and two gold rings weighing about 2 Tolas to the said assailants. Thereafter, both the said assailants tied both the arms of the complainant and made him sit on the bed. Thereafter, they made his wife Gurpreet Kaur to remove one chain of gold weighing 2 tolas, one pair of ear rings weighing about 3 1/2 grams. Thereafter, the assailants started conducting the search of the room. From the Almirah, some gold ornaments belonging to his wife i.e. one pair of ear rings weighing about 7 grams and 4 pairs of nose pins were taken. In addition to this, a cash of Rs. 12,000/-, one golden watch mark 'Citizen', two watches one of Mark 'Citizen' and other of 'Quartz' belonging to his wife alongwith one Nokia mobile phone and one receiver telephone set 'Panaphone', one video camera Samsung, one still camera, two gold lockets of the children weighing about 5 grams were taken into possession by the accused. The assailants also searched the jacket of the complainant and took away the keys of Tata Safari bearing registration No.DL-4CF-9577 which was given by DIPS School to the complainant for use. Thereafter, they started Tata Safari parked in the street, in the Chowk and sped away. Before leaving, they had tied both the arms and legs of the complainant and threatened them that if they reported the matter to the police, their family would be killed.
(3.) After the accused left the house, Gurpreet Kaur untied the legs and arms of the complainant. Complainant came outside and saw that the assailants had also broke open the locks of the house of Manohar Singh and had removed some articles. Balwinder Singh complainant claimed that accused had scaled the boundary wall of his house and have committed the dacoity. Thereafter, Balwinder Singh went to DIPS School and after taking security guard of the school with him, was going to police station when he met ASI Attar Singh at Nadala Chowk, Dhilwan, where the statement of Balwinder Singh Ex.PB was reduced into writing on 14.3.2002 at about 2 A.M. The police then sent the same to police station Dhilwan where FIR No.12 dated 14.3.2002 under Sections 395/342 IPC and 25 of Arms Act (Ex.PB/2) was registered.;