ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) THESE three appeals are directed against a common Judgment dated 14th october, 1999 and Order on Sentence dated 26th October, 1999, whereby all the appellants were convicted under Section 452 of IPC and under Section 392/34 of ipc read with Section 397 thereof and were sentenced to undergo RI for three years each and to pay a fine of Rs. 1,000/- or to undergo RI for four months each in default under Section 452 of IPC and were further sentenced to undergo ri for four years each and to pay a fine of Rs. 2,000/- each or to undergo RI for eight months each in default under Section 392 of IPC read with 34 thereof. They were also sentenced to RI for seven years each under Section 397 of IPC. Out of the fine to be realized from the appellants, Rs. 10,000/- was directed to be paid to the complainant's father Shri Hans Raj, as compensation.

(2.) CRL. A. NO. 627/1999 was filed by two convicts, namely, Ashok Kumar and Anil kumar. Ashok Kumar died during pendency of the appeal and the appeal filed by him stood abated in terms of the order of this Court dated 30 th April, 2009.

(3.) THE case of the prosecution, in brief, is that on 18 th January, 1988, at about 8. 30 pm, the complainant-Jagdish Kumar was present in his house no. C-69/a-1, Gali No. 14 West Azad Nagar, when 3-4 boys entered his house. One of them stood at the gate alongwith a knife and the second one, showing a countrymade pistol to him, asked him to handover whatever he had with him and removed one watch from his arm. The third person opened the boxes kept in his house and removed jewellery and cash amounting to about Rs. 5,000/ -. When the intruders were running away after committing the robbery, the complainant and his father apprehended one of them and one countrymade pistol alongwith cartridges was recovered from him. That person was handed over to the police alongwith the pistol and cartridges. According to the prosecution, it was the appellant-Jagan Nath, who was apprehended on the spot alongwith pistol and cartridges and the other appellants were the persons associated with him in commission of the robbery.