BHARE ALAM AND ORS. Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Since aforementioned criminal appeals have arisen out of the same incident and common judgment and order passed by the court below, therefore, they are being decided together for the sake of brevity and convenience.

(2.) PW1 Shankar Singhal set the criminal law into motion by writing a criminal complaint (Ext. Ka-1) to S.O., police station, Kalagarh, District Pauri Garhwal on 04.07.2002, enumerating the facts contained therein, that he is a resident of New Colony, Kalagarh. In the intervening night of 03 / 04.07.2002, at around 01:00 A.M., 6-7 hooligans / miscreants trespassed into his house. They were armed with country made pistols and knives. They were aged 20-30 years. They ransack the house of the informant (PW1) and looted silver and gold ornaments, silver tumblers, colour T.V., tape recorder, wrist watches and cash worth Rs. 1,25,000/-. It was also written in the complaint that he alongwith his family members can identify the miscreants. Chik FIR (Ext. Ka-8) was lodged against unknown persons for the offence punishable under Section 395 IPC at police station, Kalagarh, Kotdwar, District Pauri Garhwal on 04.07.2002, at 02:30 A.M. The distance between the place of incident and the police station concerned is 2 Km. and hence there appears to be no delay in lodging the FIR.

(3.) On 28.07.2002, some of the gold, silver ornaments, as also the incriminating articles were recovered from the possession of Kasim and Rihana Parveen both r/o Rasoolpur, Afzalgarh, Bijnor, who disclosed that these articles were given to them by Nasir @ Sanjay Dutt, who committed dacoity in the house of a businessman. They also confessed to the police that they were going to Kotdwar to sell off these valuables. Kasim and Rihana Parveen were arrested and a criminal case under Sections 395, 411 IPC was registered against them.