SOMESH PAL Vs. STATE

JUDGEMENT

(1.) THE appellant has impugned the judgment dated 8th January, 2001 passed by learned Additional Sessions Judge convicting him for the offences under Section 452/34 and 398/34 of Indian Penal Code and sentencing the appellant to undergo rigorous imprisonment for three years and a fine of Rs. 1000/- under Section 452/34 of IPC and in default of payment of fine to further undergo rigorous imprisonment for one month and a sentence of seven years and fine of Rs. 1000/-under Section 398/34 of IPC and in default of payment of fine to undergo further rigorous imprisonment for one month. The sentences were ordered to run concurrently.

(2.) ACCORDING to the appellant, the case of the prosecution is that on 27th october, 1998 the complainant Smt. Faima was giving bath to her daughter on 2nd floor of property No. Z-II/249, Welcome Colony, Seelampur, Delhi. It is alleged that one boy at around 11. 45 AM came to her and told her that her mother is calling her downstairs. The complainant, therefore, came down to first floor where another boy was holding her son Ishrat Ali with his hand on his mouth. When the complainant reached first floor the boy who was holding his son Ishrat ali left him and both the boys caught hold of complainant. A katta was pointed towards the complainant and she was asked to disclose the whereabouts of her valuables. As the complainant did not know about the valuables and told them so, the other boy who was holding her son Ishrat Ali asked the boy who had called the complainant from the second floor to shoot her. The son of the appellant on hearing threat to his mother starting shouting and making noises because of which both the boys got unnerved and starting running away from the house. Their third associate was standing in the stairs, therefore also started running. The son of the complainant chased them. When these boys started running the third associate who was standing in the stairs fell down and his head struck with a generator while running in the stairs.

(3.) ON hearing the noises and the commotion, two persons named Idrish and saurabh apprehended the boy who had fallen after colliding with the generator. A crowd had collected who also beat up the third boy. The appellant is alleged to be the third boy who had fallen and who was caught by Idrish and Saurabh. Saurabh claimed to be the brother of the complainant.