MOHD. KHALID Vs. STATE

JUDGEMENT

(1.) By these three separate appeals filed under Sec. 374 of Cr. P.C., the appellants seek to challenge the common judgment and order on sentence dated 26.08.2000 passed in Session Case No.284/1996, by the learned Additional Sessions Judge, Delhi in Sessions, whereby the learned Additional Sessions Judge had convicted the appellants for the offence punishable under Sec. 398 of Penal Code read with Sec. 25 of the Arms Act and they have been sentenced to undergo rigorous imprisonment for seven years and fine of Rs.10,000.00 each for the offence under Sec. 398 of IPC; and in default of payment of fine they were ordered to undergo further simple imprisonment for a period of two months. In addition, the appellants have been sentenced to undergo rigorous imprisonment for one year each and fine of Rs.1,000.00 each for the offence under Sec. 25 of Arms Act.

(2.) Since the trial of all the applicants was commonly conducted and all the appellants have been acquitted by the common impugned judgment and have been awarded sentence by the common order on sentence, therefore, with the consent of the counsel appearing on behalf of all the appellants, arguments in all the appeals have been heard together and all the appeals are being disposed of by this common order.

(3.) The present case had been registered on the statement of Kamlesh Garg, who made her statement before Inspector Baljit Singh on the date of incident stating that she lived in the first floor with her family. Her husband has a Bura shop in Anaz Mandi, and had left for the same, her two children had left for school and she was in the house along with a domestic help, Gore Lal. One Narender Kumar was her tenant on the ground floor. On the day of incident, family of her tenant Narender Kumar had gone out and her ground floor portion was locked. At about 12.45 PM door bell rang and Gore Lal opened the door. The appellant Nishad who had worked in the house as carpenter for 4/5 days, entered the room along with four associates. One of the intruders caught hold of Gore Lal. Nishad closed the doors of both the gates of the first floor house. All the five offenders took out knives and demanded cash and valuables. She gave ear tops and Nishad pulled gold chain from her neck and snatched four gold bangles from her wrists. The appellants demanded more money and jewellery but she tried to put them off, whereupon she was slapped. Appellant - Nishad told other cohorts that she had been operated upon and her stomach would be split open if, she does not give more cash and jewellery. She further stated that her mouth was gagged with a piece of sari. The appellants opened the almirah lying in the room and collected silver coins, silver jewellery including pajab and angoothi, etc. and Idols of Laxmi and Ganesh of silver which were gold plated. The appellants also took Rs.3,28,000.00 kept in almirah in different packets. The appellants also took a watch HMT mark with black dial from the fridge. They put some of the articles in a black colored suitcase on which sticker of her husband's name was pasted. While leaving they imprisoned the servant in a box of the double bed and threatened her with her life if she raised noise. Thereafter, they went away. After recording the statement of Kamlesh Garg, Inspector Baljit Singh prepared a rukka and sent the same for registration of a case under Sec. 395 of IPC. Investigation commenced, crime team and dog squad were called, statement of witnesses were recorded, site plan was prepared on the pointing out of Kamlesh Garg. Three accused persons were arrested on 17.08.1995 by different police parties, two of the police stations Vivek Vihar and one of Police Station Anand Vihar under the Arms Act.