STATE OF UTTARAKHAND Vs. SHAMSHER ALI & OTHERS

JUDGEMENT

(1.) Since the common questions of law and facts are involved in all these appeals, the same have been taken up together and decided by this common judgment.

(2.) These appeals are directed against the common judgment and order dated 21.1.2011 passed by the Additional Sessions Judge, Roorkee (Haridwar) in S.T. No.184/2009, whereby, all the accused/ respondents, namely, Shamsher Ali, Irshad @ Pappan, Babu Bhan, Ejaj and Fayyaz, who were charged with and tried for the offences punishable u/s 395/412 IPC, were acquitted. The Trial Court also acquitted the accused Aakil @ Bhura (S.T. No.183/2009) for the offence under Section 395 IPC. Accused Babu Bhan and Fayyaz were acquitted (S.T. Nos.185/09 and 187/09) for the offence under Section 25 Arms Act whereas accused Ejaj (S.T. No.186/09) was acquitted for the offence under Sections 25/4 Arms Act.

(3.) Case of the prosecution, in a nutshell, is that an FIR was registered at P.S. Kotwali Roorkee. According to the contents of FIR, on 14.4.2007, PW1 Nirabhjit Singh was sitting in his house along with his family members. At about 11:30 PM, 8-10 miscreants entered his house. The family members were forced to cook food for them. The family, under their threat, cooked food for them. Accused decamped with 4 rings, one chain, two ear rings (all made of gold), Rs.30,000/- in cash, two colour televisions, one D.V.D. Player, one Mixer, two mobile phones, one sword etc. The family members were also locked in a room.