A.N.JINDAL, J. - (1.) THE accused-appellants Kulwant Singh and Hari Singh (hereinafter referred as 'the accused'), have called in question the judgment of conviction and sentence dated 23.5.1994 passed by the learned Additional Sessions Judge, Sirsa, vide which all the accused were convicted under Section 397 IPC and were sentenced to undergo rigorous imprisonment for a period of seven years.
(2.) MOHINDER Singh was residing in a farm house in the area of village Abub Shahar along with his wife, daughter-in-law Raj Kaur and his son Bawa Singh. On the night of 24.1.1992, at about 10.00 p.m., Bawa Singh had gone to have a round of the fields; Mohinder Singh (PW-3), Raj Kaur (PW-4) and Gurdeep Kaur wife of Mohinder Singh were present at the farm house, then the accused came there and inquired about Bawa Singh. Mohinder Singh told them that Bawa Singh was not present in the house then all the accused made their entry into the house. Des Raj accused while holding a pistol demanded from Mohinder Singh all the belongings which he was having in his house but Mohinder Singh showed his innocence. At this, they searched almirah of Bawa Singh lying in the baithak (front room) and robbed Rs. 8,500/- from there. Hari Singh went in the other room occupied by Gurdeep Kaur and Raj Kaur from where he removed a sum of Rs. 3,500/- from the box of Gurdeep Kaur. He also removed some golden ornaments consisting of ear ring and bangles besides a suitcase containing some cloths. Thereafter, they decamped with all the aforesaid articles after bolting all the inmates of the house in a room. At about 7.00 a.m., when Kashmir Singh (PW-5) a workman of Mohinder Singh came there and he opened the door set them free.
(3.) THE aforesaid incident as narrated by Mohinder Singh before ASI Ishwar Singh (PW-11) was put into writing Ex. PD at about noon time on 25th January, 1992, on the basis of which FIR No. 24 was registered on the same day at Police Station Sadar Dabwali by MHC Om Parkash (PW-7). It will be significant to mention here that though Mohinder Singh did not name the accused in the FIR but had given their full description and had stated that he could identify them if they were face to face with him.;