ANOOP SINGH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the Judgnnent of the Additional Sessions Judge, dated 20th February, 1991 given in Sessions Case no. 15 of 1989.

(2.) The appellant has been convicted under Section 451 Indian Penal Code . and sentenced to undergo R.I. for 2 ye.ars and to pay a fine of Rs.5()().00 , and in default of payment of fine, to undergo R.I. for three months, under Section 392, Indian Penal Code . and sentenced to undergo R.I. for 3 years and to pay a fine ofRs.300).00 , and in default of payment of fine, to undergo R.I. for two months, and under Section 397 of the Indian Penal Code and sentenced to undergo R.l. for 7 years. In addition to this, the accused/ appellant has been further convicted under Sections 27/54/59 of the Arms Act and awarded a sentence to undergo R.I. for six months and to pay a fine of Rs.300 / -, and in default of payment of fine, to undergo R.I. for two months. All the sentences were, however, ordered to run concurrently.

(3.) Brief facts, according to the prosecution are that at 1.30 P.M. on 6.5.1988, the complainant (Public Witness -3) Smt. Munni Chandra was alone in her house while her husband had gone to the office and the children were at school. She heard the sound of tapping at the door. While she was opening the door, someone pushed the door from outside and opened it. The intruder came inside the drawing room and took out a country-made pistol and after putting the pistol on Smt. Munni Chandra, he demanded that all jewellery and money be handed over to him. In panic, she gave the jewellery and money to him.