MUMTAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) Convicts Mumtaj, Anis, Irshad and Aslam have filed the instant criminal appeal to assail their conviction and sentence vide judgment dated 01.07.2003 and order dated 11.07.2003 passed by learned Additional Sessions Judge (Ad hoc), Hissar, thereby convicting the accused-appellants under Section 459 IPC and Section 392 read with Section 397 IPC and sentencing each of the convicts to undergo rigorous imprisonment for ten years and to pay fine of Rs.500/- and in default thereof, to undergo further rigorous imprisonment for one year under Section 459 IPC and to undergo rigorous imprisonment for 7 years under Section 392 read with Section 397 IPC, but both the substantive sentences have been ordered to run concurrently.

(2.) Prosecution case is that complainant Jagdish along with his wife and children was sleeping outside his house in agricultural land (dhani) on the night between 8/9-05-1999. At about 1.00 am, a person inflicted lathi blow on the neck of the complainant. He woke up and found that 4-5 persons had surrounded their cots. Those assailants were armed with lathis, jailis and gandasi. They snatched gold and silver ornaments from complainant's wife. They also caused injuries to her. The complainant and his family members were forcibly taken inside the room and were bolted there from outside. Complainant's son aged six years was sent out of the room by making opening in the wall by removing bricks and he unbolted the door. The assailants also took away cash amount of Rs.2,900/- from the complainant's house. Similar occurrence also took place in the dhani of Ram Dass where Ram Dass and his family members were also injured and robbed. The injured persons were got medico-legally examined. Accused Mumtaj was interrogated on 22.11.2000 consequent on his arrest in the instant case. He made disclosure statement. Pursuant thereto, accused Mumtaj pointed out the place of occurrence of this case on 24.11.2000. The remaining three accused were interrogated on 13.06.2001. They also made disclosure statements and pointed out the places of occurrence pursuant thereto. In fact accused Aslam had disclosed in CIA Staff, Bahadurgarh about having committed occurrence of instant case along with remaining three accused and three more persons. No recovery of stolen property was effected from the accused pursuant to their disclosure statements.

(3.) On completion of investigation, report under Section 173 of the Code of Criminal Procedure (in short, 'Cr.P.C.') was presented for prosecution of all the four accused for offences under Sections 458 and 459 IPC.