SIRAJUDIN Vs. STATE OF DELHI

JUDGEMENT

(1.) This judgment shall dispose of both criminal appeals No. 262 of 1981 Sirajudill v. State and 272 of 1981 Om Parkash Shankar v. State as both these appeals have arisen out of the same judgment of conviction and the same order of sentence both dated 4/8/1981 and passed by Shri P.S. Sharma, Additional Sessions Judge, Delhi whereby both the appellants Sirajudin and Om Parkash alias Shankar were held guilty and convicted under section 395 read with section 397 Indian Penal Code and each appellant was sentenced to undergo rigorous imprisonment for 7 years.

(2.) The cage of the prosecution is that Bal Kishan along with his family members and his brother-in- law R. D. Sharma and his family members were residing in a house (plot No. 1006) in village Alipur, Delhi. His tenant Noor Mohd. was also living with his family members in another portion of that very house. At about 2.00 A.M. in the night intervening between 4th and 5th June, 1978, when they were sleep iag in the court-yard, 5/6 persons came there armed with pistol, knife and sticks. First they woke up the members of the family of Noar Mohd. and robbed his brother Zulfi of a watch and a sum of Rs. 10/- and also Noor Mohd. of a sum of Rs. 90/- lying in his shirt. They then confined them in a room.They came to the other portion of the house in which Bal Kishan and R. D. Sharma along with their family members were residing, but had got up on hearing the noise. The dacoits surrounded them and told them to take out and give to them whatever they had. On their raising alarm, one of=the dacoits who had pistol in his hand fired a shot which injured Smt. Satya Sharma wife of R. D. Sharma on her right leg the dacoits then snatched her gold ear rings and chain from her person and locked her, her husband, her father and her children in the bath room. Then the dacoits came towards Bal Kishan and his family members and on the point of knife took him, his wife Smt. Shama Sharma and his mother-in-law Smt. Bharti inside a room and were made to stand them with their faces towards wall. The dacoits searched the box inside that room and took out a cash amount of Rs. 700/from there and also removed the gold ear rings, chain and taweez from the person of Bal Kishans wife Smt. Shama Sharma and then bolted and confined them inside that room and, thereafter they made good their escape.

(3.) A little later villagers arrived there and brought the inmates of the house from the rooms in which they have been locked.