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1984 Supreme(P&H) 520

K.P.S.SANDHU
Asu – Appellant
Versus
State Of Haryana – Respondent


Judgment

K. P. S. Sandhu, J.

1. Four appellants, namely, Asu, Nasru, Ramzan and Basir stand convicted and sentenced to ten yearst rigorous imprisonment each under sec. 394 read with sec. 397 of the Indian Penal Code and to seven yearst rigorous imprisonment each under sec. 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 Ha






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