UMESH CHANDRA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 18/2/2003 passed by Additional Sessions Judge/Fast Track court, Almora in Sessions Trial No.65 of 2000, State vs. Umesh Chandra and others, whereby said court has convicted the accused/appellants under Ss. 395 and 397 of The Indian Penal Code, 1860 (for short, the IPC) and has sentenced each of them to undergo rigorous imprisonment for a period of seven years along with a fine of Rs.3,000.00; and, in default of payment of fine, the accused/appellants has to undergo six month's simple imprisonment.

(2.) Prosecution story, in brief, is that complainant Hukum Chand lodged a First Information Report with P.S. Kotwali Almora, District Almora on 28/8/1992 stating that at 07.30 pm when he, his wife, son and one neigbour were watching a movie, seven unknown miscreants entered into his house; told them to increase volume of television; and, locked them in a room. The miscreants were armed with knife and khukri (sharp edged weapon) and they asked the complainant to give Rs.18,00,000.00; the complainant replied that he is not having money whereupon the miscreants opened the almirah and looted gold bangles, one pair of earring, one ring, etc. The complainant further stated that the miscreants put knife on his son's neck and demanded cash; under the threat the complainant told them to take money from the box of bed. The miscreants also looted cash, earring and mangalsutra worn by his wife and after bolting the door from outside, they fled away. The complainant called the neighbours whereupon the neighbours came and opened the door. The complainant stated that he and his family members have seen the accused in electric light and they can identify them. On the basis of F.I.R., chik F.I.R. was prepared and case was registered against unknown persons under Sec. 395, 397 of IPC. Investigation of the case was entrusted to Sub Inspector G.D. Joshi. Information regarding the commission of offence was sent to the nearby districts via wireless message. On the same day at 10:15 pm near Ranibag, Haldwani, when the police party was checking the vehicles, a maruti van came.

(3.) On denial of guilt, trial begun. Prosecution, in order to prove its case, got examined as many as four witnesses. PW1 Smt. Saroj Walia, PW2 Amit Walia, PW3 Sub Inspector Arvind Dangwal and PW4 Gopal Dutt Joshi.