HARISH KAHAR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 06.05.2009 passed by Additional Sessions Judge/F.T.C. Court No. 20, Allahabad in Session Trial No. 473 of 2000 (State v. Sanjay Kumar Mehtar and others) whereby appellant Harish Kahar and co-accused Sanjay Kumar Mehtar were convicted under Section 412 of Indian Penal Code (hereinafter referred to as 'IPC') and both of them were sentenced to rigorous imprisonment for a period of seven years and to pay fine of Rs. 10,000/- and in default of payment of fine, rigorous imprisonment for another six months.

(2.) The brief facts of prosecution case are that on 25.11.1999 at about 08.00 P.M., six unknown person armed with country-made pistol (katta) and knife entered into the house of complainant/informant Ajay Kumar Srivastava and on point of 'katta' looted one gold chain, two gold earrings (baali), two gold 'tapas', one silver plate, five silver 'paan ', five silver 'supaadi ' and Rs. 3,000/- cash.

(3.) On the information of informant Ajay Kumar Srivastava, an F.I.R. under Section 395 IPC was lodged at Police Station-Colonelganj at Case Crime No. 1208 of 1999.