Punjab-Haryana High Court
Raju @ Sheru vs State Of Haryana on 7 October, 2010
Author: T.P.S. Mann
Bench: T.P.S. Mann
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Appeal S-681-SB of 2001
Date of Decision : October 07, 2010
Raju @ Sheru
....Appellant
Versus
State of Haryana
.....Respondent
CORAM : HON'BLE MR. JUSTICE T.P.S. MANN
Present : Mr. Rahul Vats, Advocate
Mr. Raja Sharma, Assistant Advocate General, Haryana.
T.P.S. MANN, J. (Oral)
By a common judgment, the Court intends to dispose of the present appeal filed by Raju @ Sheru and Criminal Appeal S-694-SB of 2001 filed by Roshan, Gopal Bahadur and Ajay as all of them have challenged the judgment of conviction dated 11.5.2001 and order of sentence dated 16.5.2001 passed by Additional Sessions Judge, Rewari.
Vide impugned judgment and order, the appellants were convicted under Section 395 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- each and in default of payment of fine to undergo further rigorous imprisonment for two years.
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According to the prosecution, on 6.10.1998 at about 10.30 p.m. complainant-Virender Kumar went to sleep after bolting the door of the house whereas his two domestic servants left for his factory to sleep there. At about 12 midnight the pet dog kept by the complainant started barking. Complainant's father Ram Gopal got up and opened the main gate of the house situated towards the factory. On hearing noise, the remaining family members of the complainant also woke up. In the meantime, three persons including the two domestic servants of the complainant entered the house from the main gate while three more persons made their entry from the adjoining room, latches of which had already been opened by the domestic servants of the complainant. All the six persons were armed with dagger, sword and lathis. They threatened to kill the complainant and his family members. While the parents and daughter of the complainant were locked by them in one bathroom of the house, the complainant and his wife were locked in the other bathroom. All the six accused remained in the house of the complainant for about two hours and were able to remove valuables, currency notes worth Rs.8,00,000/-, gold and silver jewellery, household articles and the chhatar made of gold. When the complainant heard the noise of his vehicle Sumo bearing registration No. DL-IC- 4915 being driven away in reverse gear, he managed to come out of the bathroom after breaking its door.
On the basis of a statement made by complainant-Virender Crl. Appeal S-681-SB of 2001 -3- Kumar, FIR No. 332 dated 7.10.1998 under Section 395 IPC was registered at Police Station City, Rewari. A wireless message was then conveyed from Control Room, Gurgaon to Police Post Manesar and Police Station Bilaspur about 4/5 persons having committed dacoity at Rewari and fleeing away in the Sumo belonging to the complainant and would be proceeding towards Bilaspur. A naka was then set up by the police of Police Station Bilaspur in the area of Police Post Manesar on the national highway. In the early hours of 7.10.1998, Tata Sumo No. DL-IC-4915 was found coming towards Manesar. When the police tried to stop the vehicle, the driver of the vehicle ran over the naka by driving the Sumo at a fast speed. ASI Ram Avtar tried to catch hold of the driver of Tata Sumo through its door but the driver managed to push him aside. Upon this Constable Prem fired at the rear right wheel of Tata Sumo as a result of which it came to a halt. Three persons occupying the Tata Sumo made good their escape from the spot whereas three others, namely, Roshan, Gopal Bahadur and Ajay were nabbed. Those three persons, who were apprehended, disclosed the names of others, who had run away, as Raju @ Sheru, Laxman and Rahul. The police was able to effect the recovery of a large number of currency notes, valuables, gold and silver jewellery, household articles and Tata Sumo. Subsequently, Raju @ Sheru was apprehended and on the basis of a disclosure statement made by him, currency notes worth Rs.50,000/- and two gold chains were recovered.
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Upon completion of investigation, the police presented challan against the four accused whereas Laxman and Rahul were declared as proclaimed offenders. Upon commitment of the case, the trial Court charge-sheeted the four appellants for the offence under Section 395 IPC, to which they pleaded not guilty and claimed trial.
The trial Court believed the evidence brought on record by the prosecution and convicted and sentenced the appellants, as mentioned above.
I have heard learned counsel for the parties and with their able assistance, scanned the evidence.
Though in the FIR lodged at the instance of complainant- Virender Kumar, no identification marks of the accused persons had been given nor even the names of his two domestic servants yet soon after the occurrence, three persons, i.e. Roshan, Gopal Bahadur and Ajay were apprehended by the police and the recovery of currency notes of the denomination of Rs.4,93,000/- together with looted gold and silver ornaments, valuables and household articles were effected from them. While appearing as PW2 Virender Kumar had identified the four appellants as the persons, who in the company of two others, had come to his house and after locking them inside the bathrooms, looted their cash, jewellery and household articles. To the same effect was the testimony of PW1 Manju Buraria, wife of complainant-Virender Kumar. The prosecution case cannot be thrown out on account of non holding of Crl. Appeal S-681-SB of 2001 -5- the test identification parade by the police. Both Virender Kumar and his wife Manju Buraria had a close gaze at the appellants at the time of the occurrence. This would have left a permanent imprint in their minds to identify them at the appropriate stage. Once the four appellants were produced before the trial Court, they were identified by the aforementioned two witnesses.
In view of the above, no case is made out for disturbing the findings arrived at by the trial Court in convicting the appellants for the offence under Section 395 IPC.
The occurrence in question had taken place exactly twelve years back. Ever since then the appellants have been facing the agony of protracted criminal proceedings. The sentence of rigorous imprisonment of seven years imposed upon them by the trial Court is slightly excessive and needs to be reduced to five years.
Resultantly, the conviction of the appellants for the offence under Section 395 IPC is maintained. Their substantive sentences of imprisonment are reduced to rigorous imprisonment for a period of five years. The sentence of fine alongwith its default clause is maintained.
Criminal Appeal S-681-SB of 2001 and Criminal Appeal S- 694-SB of 2001 are disposed of, accordingly.
( T.P.S. MANN )
Crl. Appeal S-681-SB of 2001 -6-
October 07, 2010 JUDGE
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