MOHD. ASLAM Vs. STATE

JUDGEMENT

(1.) BY this common judgment, I shall dispose of both the appeals referred above.

(2.) THE appeals are directed against the judgment dated 27th April 2004 and Order on Sentence dated 29th April 2004 whereby, the appellants were convicted under Section 392/34 as well as 397/34 of IPC and were sentenced to undergo R.I. for 5 years each and to pay fine of Rs.5,000.00 each or to undergo S.I. for 6 months each in default under Section 392/34 of IPC and were further sentenced to undergo R.I. for 7 years each under Section 397/34 of IPC. They were also sentenced to undergo R.I. for 2 years each under Section 25 of Arms Act. The sentences were directed to run concurrently.

(3.) THE complainant came in the witness box as PW-1 and stated that in the night of 17th, he was returning home on his motorcycle. When he was easing himself after stopping his motorcycle, all the three accused persons present in the Court caught hold of him by his collar. The accused Akram was having a knife with him and one of the accused was having a revolver. The accused persons started beating him and he was robbed of Rs.30-35,000.00 by them. One of them said that he should be killed, otherwise he would go to the Police Station. He thereupon grappled with them. On hearing of noise, the accused persons ran away from there. He went to his house from there and later lodged a complaint with the police.