JUDGEMENT
J.D.JAIN, J. -
(1.)DALIP Kumar and Hira Lal, appellants, in criminal appeal No. 241/ 3 and Vijay Kumar, Appellant, in criminal appeal No.
230/83 have been convicted by Additional Sessions Judge, Shlihdara, vide his judgment dated 19th October 1983 of offence under Section 392/34
Indian Penal Code for having committed robbery and stolen jewellery and
ornaments etc. valued approximately at Rs. 1,00,000/ -(rupees one lakh) at
the house of Mrs Lilly Datta on the evening of 8th January 1981 and they
have been sentenced to rigorous imprisonment for seven years each.
Feeling aggrieved they have come up in appeal against their conviction
and sentence.
(2.)THE prosecution version as unfolded by Mrs. Lilly Datta, who resides at house No. 1116, Jainmati Gali, Gandhi Nagar, alongwith her
husband Shri Bablu Datta (P.W. 12) and children, in brief is that on 8th
January 1981 at about 5.10 pm. she was sitting in the front room of her
house. Her 'two children aged five and seven years were playing in the
staircase. Two persons viz. Hira Lal and Dalip Kumar, accused (as pointed
out by her in court) entered ber bO\Jse through the gate. One of them,
namely, Hira Lal was carry in g a file. He asked her to show him the
licence of her television. Since the licence bad been kept in a steel
almirah in the store room, she went inside to fetch the same. As she came
out with the licence in the front room, she noticed that both the accused
had drawn the curtain, hanging on the front door of the room, a bit. She
then switched on the light as it was somewhat dark and placed the licence
on the table. Both the accused then came inside the room and accused Hira
Lal started writing something on the file. She tried to see what he was
writing but Dalip Kumar, who was standing on the left side, gagged her
mouth with a hand kerchief and pushed her towards the wall. Hira Lal too
rushed towards her and took out a knife. He asked her at the point of
knife to give the keys and warned her that she would be killed in case
she raised an alarm. In the meantime, her son Bbaskcr Datta, who had gone
for tuition returned home. The accused took her inside the kitchen and as
soon as Bbasker Datta entered the kitchen, Hira Lal gagged his mouth too.
Dalip Kumar took off the gold chain, one gold bangle, one kara and nose
pin, which she was wearing. from her person. Both the accused then took
her and her son in the interior verandah of the house and then to the
store room in which the almirah was lying. She then noticed the third
appellant Vijay Kumar coming inside the house after opening the main
gate. Both, she and her son, were made to stand close to the wall at the
point of knife and Dalip Kumar and Vijay Kumar started searching the
almirah. Her face was covered by the accused with the shawl which she was
wearing at that time. After removing the goods and ornaments, jewellery
etc. from the almirah, they told her and her son to lie on the bed with
their faces downwards and they tied the bands and feet of both of them.
Thereafter the accused covered them with two quilts. Vijay Kumar asked
her where the cash was and hurled a threat that in case she did not tell
about the cash he would shoot her. She then told the accused that the
cash was lying inside the almirah itself and they removed the same. While
they were leaving the house with the booty, her minor children too came
inside the house and the accused gagged their mouths also. They also
,warned while fleeing that in case she made' a report to the police the
entire family would be done to death. After their departure she and her
son united their hands and legs slowly and came nrar the outer gate of
the house. A woman, who was Having opposite her house, came to her and
enquired as to what had happened. She narrated the entire story to her.
In the meantime, other persons too collected there on hearing her cries.
After sometime the police too arrived there. She then narrated the whole
story to the police and furnished the detail of ornaments and cash etc
which had been looted from her house. It was recorded by S. I. Chanderpal
Singh (P.W. 15), who happend to be on patrol in the illaqa and reached
there alongwith Constable Bhoop Singh. The F.I.R (Ex. P.W. l/A) was sent
by S. I. Chanderpal Singh to the Police Station through Constable Bhoop
Singh for registration of a case under Section 392 Indian Penal Code
under his endorsement (Ex. P.W. 15/A) and he embarked upon the
investigation of the case. He, inter alia, prepared the site -plan
(Ex -P.W. 15/B).
Later in night at about 1.00 a.m. the police party headed by S. I. Chanderpal Singh and, inter alia, comprising Babn Datta (P.W. 12),
Pawan Vidrohi, a neighbour of Babu Datta (P.W. 131 and one Shyam Lal, who
had provided vital clues, went to the house of Dalip Kumar at H -4/17,
Krishan Nagar. He was called out and his father opened the door. He was
found sleeping in his room on the first floor of the house and on search
of his person a dagger (Ex. P. 58) was recovered from the fold of his
trousers. On interrogation he disclosed that he could get a part of the
stolen property recovered and also get his other accomplices arrested. It
was reduced to writing and is Ex. P.W. 12/C. It was duly attested by both
Bablu Datta and Pawan Kumar. He then pointed out a place in his room
where kabar (lumber) was laying and therefrom some stolen articles were
recovered which were taken into possession vide memo Ex:. P.W. 12/D.
(3.)DALIP Kumar then led the police party to the house of Vijay Kumar which was in Jhi1mil Colony. He called out Vijay Kumar and the
latter came out of the house. His person too was searched and a
spring -actuated knife (Ex. P. 60) was recovered. It was seized vide memo
Ex. P.W. 12/F and he was arrested. On interrogation be disclosed that he
could get the stolen articles recovered and the same were lying concealed
beneath rice kept in a paraat which was lying underneath his cot and he
pointed out the same. His disclosure statement Ex. P.W. 12/G was recorded
and tJ1e articles Ex. P.W. 3 to p, 57 were recovered from the paraat and
were seized vide memo Ex:. P.W. 12/H. These memoes too were attested by
Bablu Datta and Pawan Vidrohi, P.Ws.