HASMAT ULLAH KHAN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This is a criminal appeal filed by the appellant against the judgment and the order dated 27-8-1987 passed by Sri Mohan Singh, the then Sessions Judge, Almora in S.T. No. 20 of 1987 whereby the appellant has been convicted and sentenced u/S. 459, I.P.C. to undergo R.I. for 10 years and 380, I.P.C. to undergo R.I. for 3 years. Both the sentences were ordered to run concurrently.

(2.) The case of the prosecution, in brief, is that on 19-5-1986 at 3.30 a.m. Sunder Singh PW-1 was sleeping on the first floor of his house situated in village Syalidhar, district Almora. The complainant woke-up after hearing some sound and found that the appellant entered into his house after breaking the window of the house. The complainant asked who was that person, whereupon the appellant threatened him with dire consequences. Without caring for his life the complainant made an attempt to catch-hold of the appellant. The complainant raised the alarm. The appellant made an attempt to run away after causing injuries with a scissors to the complainant. In the meantime Shankar Lal PW-2, Sher Ram, Shankar Lal S/o Uday Ram of the neighbourhood came on the spot and the appellant was apprehended after beating him. On inquiry he gave out his name as Hasmat Ullah Khan (appellant). The appellant told that he had taken away the boxes and kept them in the field at a distance. On search one H.M.T. watch was recovered from the pocket of the appellant. The appellant along with the, torch, H.M.T. watch and one Kudal was brought to the police station where written report (Ex. Ka-1) was submitted by the complainant PW-1 on the basis of which F.I.R. (Ex. Ka-5) was recorded by Constable Amar Singh (PW-4) and an entry was made in G.D. at 10.40 a.m. vide Ex. Ka-6. The investigation was entrusted to S.I. Omkar Sagar. The articles brought by the complainant were taken into custody by the police and recovery memos (Ex. Ka-2), Ex. Ka-3, Ex. Ka-4 were prepared.

(3.) The appellant was medically examined on 19-5-1986 at 11.30 p.m. by Dr. L. S. Kanyal (PW-5). The following ante-mortem injuries were found on the person of the appellant vide injury report Ex. Ka-8.