SHAMBHU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Heard and gone through the record.

(2.) Appellants along with four other persons, who have not filed any appeal, stand convicted of offences under Sections 395 and 397, IPC and sentenced to undergo imprisonment for seven years and to pay a fine of Rs. 10,000/- each in respect of offence under Section 397, IPC and to undergo imprisonment for five years and to pay a fine of Rs. 10,000/- each, in respect of offence under Section 395, IPC.

(3.) Prosecution case, as it emerges from the record of the trial Court, is like this. On the night intervening 27th and 28th October, 2003, P.W. 3 Subhash Chand along with his wife P.W. 4 Indira Devi and daughter P.W. 7 Priyanka was sleeping in the verandah of his house when six persons with muffled faces went there. They dealt severe blows of some blunt weapon on the heads of P.W. 3 Subhash Chahd and his wife P.W. 4 Indira, as a result of which they became unconscious. However, before becoming unconscious they raised cries of Bachao-Bachao, on which their daughter P.W. 7 Priyanka, then aged about 9 years, woke up. The assailants then removed a pair of ear-rings worn by P.W. 4 Indira Devi. They then entered the house of the couple picked up a trunk (steel box) believing that it contained cash and valuables and escaped with, that trunk. After the assailants left the house of P.W. 3 Subhash Chand, P.W. 7 Priyanka went to the house of a neighbour named Kashmir Singh P.W. 9 and apprised him of the incident, who in turn informed the Police. Police rearhcd the spot and recorded the statement of Subhash Chand, under Section 154, Cr. P.C. on the basis of which formal FIR was registered. Subhash Chand and Indira Devi were taken to the hospital for treatment. Certain injuries were found on their persons by the doctor, who conducted their medico legal examination. All the six assailants were arrested by the Police of an adjoining Police Station in another case of dacoity. The assailants got recovered some dandas. It appears that during the course of their interrogation by the Police of the adjoining Police Station they confessed having committed the dacoity in the house of P.W. 3 Subhash Chand. Therefore, the SHO of the Police Station within whose jurisdiction Subhash Chand lives was informed by the SHO of the adjoining Police Station. The former SHO got the custody of the six assailants transferred by the order of the concerned Judicial Magistrate. The assailants were interrogated. One of the assailants, namely Anju (not an appellant in this case) made a disclosure statement leading to the recovery of one Kulhari (an axe), which was used in the commission of the crime. Another assailant named Deepak, who is also not an appellant in the present appeal, also made a disclosure statement leading to the recovery of iron rods. Another assailant named Kamal, who too has not: filed any appeal, made a disclosure statement leading to the recovery of a pair of earrings.