PRAVEEN AND ORS. Vs. STATE

JUDGEMENT

(1.) These appeals are directed against the impugned judgment and order on sentence dated 12.09.2012 and 27.09.2012 respectively wherein each of the appellants namely Praveen, Mohd. Imran and Mujib stand convicted under Sec. 392/394/397 read with Sec. 34 of the IPC. Each of them has been sentenced to undergo RI for a period of 10 years and to pay a fine of Rs. 1 lac and in default of payment of fine to undergo SI for one year.

(2.) The nominal roll of the appellants has been requisitioned. It reflects that as on date, appellant Praveen has undergone incarceration of 5 years and 5 months; Mohd. Imran has undergone incarceration of 5 years and 3 months and so also Mujib who has also undergone incarceration of 5 years and 3 months. This includes the remissions earned by the appellants.

(3.) The version of the prosecution was unfolded in the statement of the complainant namely Anita Soni. She was examined as PW -1. Her version was to the effect that on the fateful day i.e. on 10.09.2007 at about 03:30 pm, when she had come back from her nursing job and was in the house along with her son (PW -7) and her daughter (PW -3), the door bell rang. She opened the door. One boy aged 25 years was standing there. He asked about her husband. He along with three other persons thereafter forcibly entered her house. Three of them were having knives and one of them was having a pistol. They caught hold of her children i.e. her son and daughter aged 13 & 10 years respectively. On the point of knife, her children were directed to sit on the ground. PW -1 was pushed and her back struck on the wall of the bathroom. They forcibly removed her gold mangalsutra, her gold chain, four rings, her Nokia mobile phone as also Rs. 1,200/ -. Meantime, her husband returned. The accused persons however managed to flee.