SHAMIRN REHMANI Vs. STATE

JUDGEMENT

(1.) Shamim Rehmani, herein after called the appellant, filed this appeal from jail challenging the judgment and order of the Addl. Sessions Judge dated 28-2-91, whereby he was convicted and sentenced to rigorous imprisonment of 5 years and a fine of Rs. 4000.00 and in default of payment of fine to further under rigorous imprisonment for one year under Section 392 IPC ; to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5000.00 or in default of payment of fine to undergo rigorous imprisonment for one year under Section 394 Indian Penal Code ; further undergo rigorous imprisonment for eight years and to pay a fine of Rs. 5000.00 or in default of payment of fine to further undergo rigorous imprisonment for one year under Section 397 IPC. The sentence of imprisonment were ordered to run concurrently.

(2.) In brief, the prosecution version is that on 7-289, at about 4 a.m. at house No 4189, Id Bazar, within Police Station Jama Masjid the appellant committed robbery of articles belonging to one Abdul Naseem Beg and his wife and while committing robbery he caused injury to Mst. Sofia Khannam and that he also used deadly weapon and took out a knife at the time of committing robbery. On these allegations he was charged for offences punishable under Sections 392, 394 and 397 IPC.

(3.) In support of its version the prosecution examined ten witnesses 'in all. Mirza Abdul; Naseem Beg (Public Witness 1) is the complainant, Mst. Sofia Khannam, (PW2) is the wife of the complainant. Dr. Prem Kumar (Public Witness 10) has proved MLC Ex. PW10/1 which shows that on 8-2-89 at 10 a.m. he examined Mst. Sofia Khannam and no visible external injury was seen by him. The movement of arms and shoulder joint were normal. No tenderness on deep palpation. He only stated that the patient complaint of pain in scalp due to scratching or hair but there was no injury on the scalp. Some abrasions were found which were simple in nature which could have been caused by blunt object,