JAMAL MIRZA Vs. STATE

JUDGEMENT

(1.) The Appellants Jamal Mirza (A-1), Mohd. Faruq @ Mohd.Raju (A-2) (since released), Alam @ Mamoon (A-3) and Nizam @ Mijam @ Titoo (A-4) (hereafter referred to by their names) have preferred the present appeals against the judgment and order on sentence dated 15.04.2009 and 25.04.2009 respectively passed by learned Additional Sessions Judge whereby they were held guilty for the commission of offences punishable under Section 396 read with Section 397 IPC and were sentenced to undergo imprisonment for life with fine of Rs. 2,000/- each. The prosecution case, in short, may be delineated as follows:

(2.) The present case was registered by the Police of PS Punjabi Bagh by FIR No.346/2000. Complainant-Ms.Megha Nijhara aged 16 years in her statement to the Police disclosed that on the night intervening 6/7th May 2000 at about 4:30 A.M. she and her sister, Radhika, and brother Raghav were sleeping in her room. Upon hearing some noise, she got up and saw that six young boys in the age group of 18 to 22 years were standing near her bed. Four of them were armed with pistols and two of them had daggers in their hands. They threatened to kill all of them if they made any noise. They tied their hands and inquired as to where the cash was kept. Thereafter, at gun point, they took her (the complainant) to her parents' room and threatened to kill her if they raised an alarm, and also tied their hands.

(3.) The complainant further stated that from the said room, the assailants took out articles lying in the almirah. They inquired from her father where the cash was kept. When he said that it was in his mother's room, the two assailants, at gun point took him to his mother's room. The other assailants searched the almirah. In the meantime, her mother opened the passage door, woke up her uncles Ravinder @ Ravi and Kaushlender. They reached the said room; on seeing them, the two assailants got perplexed and grappled with them (Ravinder and Kaushlender). The two intruders present on the ground floor also went upstairs and started firing at her uncle and father. Her mother and uncle Rajiv Nijhara started raising noise of 'chor-chor' from his room. At that, the assailants went up-stairs and fired at them. The assailants fled from the spot after robbing several articles.