BIMLESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this common order, Criminal Appeal No. 397-SB of 2002 preferred by Bimlesh son of Chet Ram and Criminal Appeal No. 558-SB of 2002 preferred by Jagdish Kumar @ Pappu and Shiv Kumar son of Ram Nath shall be decided together.

(2.) The Appellants were named as accused in a case FIR No. 161 dated 27.2.1996 registered at Police Station City Ballabgarh under Sections 395, 342 IPC. The Appellants were charged for offence under Sections 395, 342 IPC. The charge formulated by the Court of Additional Sessions Judge, Faridabad stated that on 27.2.1996 at about 1.45 A.M. in the area of Sector 25, Ballabgarh, the Appellants had committed dacoity of aluminium pieces from the factory of S.P.A. Ferro Alloys Private Limited and thereby committed an offence under Section 395 IPC. The second charge stated that on the same day, time and place, they wrongfully confined Choman Singh, Chowkidar and thereby committed an offence under Section 342 IPC. The Appellants pleaded not guilty and claimed trial.

(3.) After recording of the evidence, the trial Court concluded that offence under Sections 395, 342 IPC is not made out, as no evidence to this effect emerged from the prosecution evidence. However, for the recovery of aluminium notch bars from the Appellants allegedly stolen from the premises of the factory, they were convicted under Section 412 IPC.