RAFIQ Vs. STATE

JUDGEMENT

(1.) Mohammad Ashqin and Mohammad Rafiq, appellants were found guilty under Section 395 read with Section 397 IPC by Shri S.R. Goel, Additional Sessions Judge, Delhi, and after convicting them he sentenced them to imprisonment for life by his order dated 29th September 1980. The appellants came to be prosecuted in pursuance of F.I.R. No. 632 dated 16-6-1978 recarded in police station Sadar Bazar, Delhi at the informationn received from Abdul Wahid.

(2.) Briefly staling the facts are that the complainant is residing at house No. 802, Bartan Market, Sadar Bazar, Delhi and accused Mohd. Rafiq, Ashqin and one Barbara who could not be apprehended were known to him. On 18th July 1978 at about 5.15 A.M. when Abdul Wahid was sleeping on the terrance his wife Akhtari Begum was sleeping in the room on the first floor of the house. The complainant is allegedly running a small industry in the ground floor. On the night of occurrence, Mohd. Rafiq armed with pistol and dagger comes to the terrace and wakes him up and at the point of pistol calls him down-stairs to the room where Akhtari Begum was sleeping. While going down the stairs he also finds accused Mohd, Ashquin and one Barbara, both armed with pistols and daggers. He is then asked to wake up his wife and demand keys from her. It is said that the outer door of the house was locked and two or more persons were standing outside. There- after, they collect the jewellery articles and a sum of Rs. 10,000.00 and escaped on a motor cycle and a scooter which were kept stand-by outside the house, While the accused were escaping Abdul Wahid raised an alarm attracting one Hari who was an employee of the complainant and was residing in a portion of this very house who too saw the accused escaping.

(3.) On the day of occurrence Abdul Wahid, complainant, besides the ornaments owned any his wife, Akhtari, was also retaining some jewellery articles of his relations. In this way the accused are supposed to have robbed him of one pair of gold Jhumkas, two gold rings, one gold necklace belonging to his wife Akhtari Begum as well as cash worth Rs. 10,000.00 which belonged to him and his sister-in-law and daughter-in-law. The accused also took away one pair of golden Kangan and one gold necklace belonging to the sister-in-law and one pair of golden kangan and necklace belonging to his daughter-in-law. Besides, they had also taken away one pair of silver Pazeb of his wife, two pairs of silver Pazeb belonging to his sister-in-law, two wrist watches out of which one was Seiko make and the other was a ladies watch. The accused had further removed one key ring made of silver. After the accused escaped, Akhtari Begum, the wife of the complainant, is said to have gone to the house of Abdul Wahid's sister. Thereafter, the matter was reported to the police at about 12.30 P.M. on the same day. On 19th June 1978, Mohd. Rafiq appellant was caught red handed in another case under Section 394/34 Indian Penal Code whereas Mohd. Ashqin was arrested on the night intervening 7/8th of August 1978 when he was sleeping on the second floor of a Masjid in Gali Garhayya, Qusabpura, Delhi, and a dagger was recovered from his possession at that time.