YAMIN Vs. STATE

JUDGEMENT

(1.) Mohd. Yamin, aged 25, was tried in the Court of Shri V.B. Bansal, Additional Sessions Judge on the charges under Sessions 393, 398 and 451 of the Indian Penal Code. He was also tried for the offence under Section 27 of the Indian Arms Act. The learned Additional Sections Judge found the accused guilty of all the charges and sentenced him to rigorous imprisonment for 7 years under Section 393 read with Section 398 and to rigorous imprisonment for one year on the charge under Section 451 of the Indian Penal Code. The accused was convicted of the offence under the Indian Arms Act and sentenced to rigorous imprisonment for 2 years. All the sentences were ordered to run concurrently. Against his convictions and sentences the accused has preferred this appeal through jail. The case for the prosecution is this Public Witness .4 Gurdial Singh with his wife Rattan Devi (P.W.3) and children resided in house No. 26/25, Gali No. 11 Vishwas Nagar. Gurdial Singh has a tea stall 3 or 4 galis away from his house' On 9th April 1977 at about 11.30a.m. Ratten Devi was cooking food inside the house. The children were playing in the courtyard. According to Rattan Devi the accused came inside the house and bolted the door. The accused took out a knife and on the threat of killing her asked her to produce whatever she had, just at the same time Gurdial Singh happaned to come and he raised alarm and with the help of public who came to the spot apprehended the accused. The people from the public gave a few danda blows to the accused and also snatched the knife from his hands.

(2.) Gurdial Singh went to the police station and made a report which was recorded by Public Witness .4 in the daily diary. Public Witness .1 sent a copy of the report to the Sub-Inspector Ajit Singh (P.W. 6) who had gone in connection with the investigation of another case. Public Witness .6 on receipt of the report went to the house of Public Witness . 4 and he saw the accused secured by Rattan Devi and other people from the mohalla, Public Witness . 6 left the spot since he had to investigate the other case and he returned after 2 or 3 hours and recorded the statement Ex. Public Witness Public Witness 6. of Rattan Devi and sent the same with his endorsement to the police station for formal registration of the case. Ratten Devi produced a knife which was seized by Public Witness .6. Public Witness .6 after completing the investigation filed the challan in the Court.

(3.) Mohd. Yamin in his statement at the trial denied the prosecution case. He stated that on 9th April 1977 he had gone to the tea stall of Gurdial Singh and there after taking a cup of tea had given a currency note of Rs. 10.00 to Gurdial Singh, that Gurdial Singh went to his house without returning the balance and he followed Gurdial Singh to his house where Rattan Devi gave two danda blows on his head and later on implicated him in this false case.