MURLIDHAR Vs. STATE

JUDGEMENT

(1.) The present appeal arises out of judgement dated 9th November 2001 passed by the Additional Sessions Judge, Delhi by which the Appellant has been convicted under Section 392 of the Indian Penal Code, 1860 (hereinafter referred as IPC) and Section 397 IPC and sentenced on 19th November 2001 to rigorous imprisonment for five years and rigorous imprisonment for seven years, both sentences to run concurrently.

(2.) The incident dates back to 31st May, 1999 when Mrs. Kamlesh was present in her house along with her daughter Miss. Jyoti and son, Master. Kartik. Her husband was not at home. Her daughter saw three persons entering the house. Two of them were armed with knives and one with a pistol. They threatened them and took away gold bangles and the mangalsutra. Mrs. Kamlesh was also threatened and made to open the door of the Almirah. The three persons removed jewellery, and cash worth Rs.30,000/- from the Almirah and they locked Mrs. Kamlesh, Miss. Jyoti and Master Kartik in the store room. The victims were finally able to come out only when Mrs. Kamlesh's elder son Master Deepak came from tuition and opened the lock from outside. On coming out, they also noticed that the Philips T.V. and Tape recorder was also missing. On the next day, a complaint was lodged with the PS, Saraswati Vihar which was registered as FIR No. 372/99. A few months later, the Accused was spotted by Mrs. Kamlesh in the neighbourhood. Information was given to the police who apprehended and arrested the accused. Another accomplice was also taken into custody but Mrs. Kamlesh could not identify him and was hence let off. The third accomplice was not traced.

(3.) The accused were charged under Sections 392/397 IPC. In the Trial Court, the Prosecution produced the following witnesses: