STATE Vs. ALLAUDDIN @ RAJU

JUDGEMENT

(1.) Delay condoned for the reasons as stated in the application.

(2.) We have heard the learned Additional Public Prosecutor for the State and have perused the Impugned Order dated 24.4.2010 as also the testimony of the witnesses produced by the prosecution. We find that no case is made out for grant of leave to appeal.

(3.) The gravamen of the charge against the accused is that the accused (Allauddin, Sahil, Arun Kumar and Prem) had entered House No.C-25, East of Kailash belonging to Complainant - Harbhajan Singh. Door of the house was opened by Sunita daughter of PW-3 Smt. Shanti (maid servant working in the house). Accused Sahil was armed with a knife whereas rest of the accused were wielding country made pistol. Version of the Crl.LP No.442/2010prosecution as can be gathered from the statement Ex.PW-1/A of PW-1 Sardar Harbhajan Singh recorded by PW-11 SI Ashok Kumar is that one of the accused asked the Complainant to hand over the money or else he would be killed. He inflicted butt of the pistol on Complainants head. The Robbers removed ear rings from the ears of the maid servant Smt. Shanti, Rs.10,000/- from his Pooja room, one mobile Nokia 3315 and Rs.500/- from one of the plumbers Brahamanand who was working in the house. The plumbers had been locked in the kitchen whereas the Complainant, his servant and her children were pushed in the bed room. The intruders searched the Almirah and other goods lying in the room. After some time the Complainant opened the door and telephoned the police.