JAINUL UMAR Vs. STATE

JUDGEMENT

(1.) ON 15.06.2011, on receipt of copy of DD No. 24A, SI Arvind Kumar of Police Station Gandhi Nagar, reached house No. 2931, Gali No. 3,Kailash Nagar, where the complainant Raj Kumar Srivastava was present and recorded his statement. The complainant alleged that on the aforesaid date at about 10.15 PM, when he was present in his house, a boy aged about 22 -25 years with dark complexion and slim body structure entered his room and enquired about one Mr Jain.. When he asked the boy as to who he was, he started searching the almirah, took out Rs 2,00,000/ - kept in the almirah and sought to move. At this stage, two more young boys came inside. They had covered their faces with a cloth. When the complainant objected to the money being taken, the boy who had entered the room first took out a pistol like weapon and aimed at him. One of the two boys who had entered the room later also aimed a pistol like weapon at him. In the meanwhile, his wife Babita came in the room and being scared, she asked the robbers to take whatever they had with them. She handed over her gold chain, Mangalsutra, ring, etc. to them. The complainant also handed over gold Kada he was wearing to those boys. Thereafter, when they were going out of the house, his younger brother Rakesh reached there and tried to apprehend them, but those persons fired at him with a pistol like weapon and escaped towards main road Gandhi Nagar.

(2.) THIS is also the case of the prosecution that on 03.07.2011, the appellant Jainual Umar was arrested in a case registered vide FIR No. 178/2011 and during interrogation, he confessed to involvement of himself as well as the appellant Jaswant and another person Jahid in the aforesaid robbery from the house of the complainant Raj Kumar Srivastava. The appellant Jainual Umar is alleged to have got recovered on a stolen ring from his room in house in Vikas Kunj, Behta, Hazipur, U.P., where it had been kept in a match box. The appellant Jainual refused to join the TIP before a Metropolitan Magistrate on 08.07.2011, whereas the appellant Jaswant refused to join TIP before the Metropolitan Magistrate on 12.07.2011. After completion of investigation, both the appellants were prosecuted for their involvement in the aforesaid incident of robbery.

(3.) THE complainant Raj Kumar Srivastava came in the witness box as PW1 and stated that on 15.6.2011, at about 10.15 PM, when he was present in the house and the door of the ground floor was open, a boy came inside the room and enquired about 'Jain Sahab '. The complainant told him that no person by that name was there and enquired as to how he had come inside. Thereupon, that boy took out a pistol in his hand. Immediately thereafter, two boys who had covered their faces with plain cloth came inside. One of those two boys was carrying a pistol with him, whereas the other person took out two -three knives from the bag he was carrying. The first boy started searching the almirah and two boys who had come later asked him who was inside the house. When he told them that his wife was inside, they took him there and asked him to take out the gold kada which he was wearing. He handed over the Kada to them. The intruders then asked his wife to take out all the articles of jewellery which she was wearing. He claimed that his wife was wearing Mangalsutra, earrings and two rings, which the robbers took away. He further stated that cash amounting to Rs 2,00,000/ - and two gold rings lying in his almirah were also taken away by the robbers. While leaving the house, the robbers put him and his wife in a room and bolted it from outside. When the robbers were leaving his house, his brother Rakesh came in and the robbers fired a shot on him. This according to the complainant was later told to him by Rakesh. The door was opened by Rakesh and thereafter police was informed.