ASU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Four appellants, namely, Asu, Nasru, Ramzan and Basir stand convicted and sentenced to ten yearsT rigorous imprisonment each under section 394 read with section 397 of the Indian Penal Code and to seven yearsT rigorous imprisonment each under section 459 of the Indian Penal Code by the Additional Sessions Judge, Faridabad, vide his order dated 7thNovember, 1983.Both the sentences have been ordered to run concurrently.

(2.) The prosecution version as unfolded by Ramji Lal PW is that on the night between 9th and 10th March, 1981, at about 11 or 12 in the night Ramji Lal and Hardawari Lal PW5 were sleeping in a baithak outside the haveli while Kumar Chand and his wife were sleeping on the first floor. There was an electric light in the baithak. Four persons entered the baithak. They tied the hands and feet of Ramji Lal with his turban. Similarly, the hands and feet of Hardawari Lal were tied. On an inquiry by those persons Ramji Lal told them that there was no property in their house as it had been stolen about 11/2 years back. The culprits gave beating to Ramji PW. On hearing the noise, Kumar Chand opened the duor of the have/i. The culprits took Ramji Lal and Hardawari Lal inside the haveli. The culprits then broke open the locks of the rooms in the haveli. The culprits had torches with them. While the culprits were busy in looting the property Ramji Lal somehow freed himself and ran out of the haveli. Kumar Chand was given injuries and forced to tell the place where precious movable property was lying. After looting the house the culprits made good their escape from the haveli. The next day at about 8.30 a m. Ramji Lal made a statement, Exhibit PE, before Assistant Sub-Inspector Dhara Singh. On the basis of the same formal First Information Report Exhibit PE11 was recorded at Police Station, Hathin. Dr. R.K. Verma PW 2 examined Ramji Lal PW at 3.40 pm on 10th March, 1981, and found the following injuries: 1. Lacerated wound at the right forehead 2 cm x 1 cm x 1 cm. 2. Contusion at the lower one-third of left arm, size 10 cm X 2 cm with abrasion 1 cm x 1 cm. Abrasion at the left elbow joint posterior aspect with swelling around it. Size of the abrasion cm X 1 cm and size of the swelling 10 cm X 1 cm and size of the swelling 10 cm X 6 cm. Abrasion at the left fore-finger and middle finger with swelling of the left hand. Contusion at the right chest, left and right back size of No.1 is 11 cm X 2 cm, No.2. 10 cm X 2 cm and No. 3.6 cm X 2 cm No. 4.19 cm X 4 cm. 5. 21/2 cm X 2 cm. No.6. 3 cm X 2 cm No.7. 71/2 cm X 2 cm. No. 8.7 cm X 21/2 cm. No.9. 26 cm X 6 cm. No. 10.11 cm X 31 cm. Swelling at the lower one-third. Left forearm, Middle of the left forearm. Size 7 cm X 5 cm and 7 cm x 2 cm respectively. Three contusions at the right arm size 8 cm X 1 1/2 cm, 10 cm X 31/2 cm and 10 cm X 4 cm respectively. Abrasion at the right elbow joint. Posterior aspect 2 cm X 1 cm. Contusion at the right buttock, size 8 cm X 4 cm and above the knee-joint size 4 cm X 1 cm and swelling around it, size 16 cm x 14 cm. Swelling of the right leg, lower one third, posterior aspect, size 6 cm X 10 cm. Contusion at the middle of left thigh size 15 cm X 3 cm. Abrasion at the left foot, posterior aspect 2 cm X 1 cm. Injuries Nos 1.3 to 5, 9 and 11 were kept under observation. Injuries Nos. 2, 6 to 8, 10 and 12 were simple. All the injures were caused with a blunt weapon within 24 hours. The same doctor examined Hardawari Lal PW at 3 p.m. on the same day and found the following injuries on his person:

(3.) On 21st June, 1981, Sub-Inspector Ganeshi Lal arrested Nasru and Bashir appellants from the house of Nasru. They were produced before the Magistrate at about 10 a.m. with their muffled faces and their judicial remand was obtained. However, both Nasru and Basir appellants refused to join the identification parade on the pretext that they had been shown to the witnesses earlier. On 23rd June, 1981 Nasru appellant got recovered one pair of naveri; and one pair of gathia in consequence of a disclosure statement. Similarly, Bashir appellant on the same day got recovered one pair of Karula and one pair of chhan. The pairs of naveri; and gathiya are Exhibits P1 to P4 while the pairs of Karula and chhan are Exhibits PS to P8. Hardawari Lal identified pairs of Karula and chhan Exhibits PS to P8 in the identification parade held by Shri V.K. Sharma Tehsildar PW7. In the month of February, 1982, the police learnt about the confinement of Aasu appellant in the Mathura jail. His custody was secured through a production warrant and he was remanded to judicial custody till 9(h February, 1984. An identification parade was held on 14th February, 1982, under the supervision of Shri Rajinder Singh Yadav, Sub Divisional Magistrate, PaIwal PW. 6 in which Aasu appellant was correctly identified by Ramji La!. Ramzan appellant was also likewise brought from the Mathura jail and he was identified by Ramji Lal and Hardawari Lal PW5 in an identification parade held on 12th April, 1982, by Shri Rajinder Singh Yadav PW. 6. After necessary investigation the appellants were sent up for trial.