SHABIR AND ANR. Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) BY this common order, I intend to dispose of Criminal Appeal No. 1054 SB of 2001 titled as Shabir and Anr. v. The State of Haryana Criminal Appeal No. 1054 SB of 2001 and Criminal Appeal No. 1302 SB of 2001 titled as Ram Chander @ Chander and Anr. v. The State of Haryana Criminal Appeal No. 1302 SB of 2001 as both these appeals arose out of the same incident. For convenience, facts are being taken from Crl. Appeal No. 1054 SB of 2001.

(2.) THIS is an appeal directed by the accused -Appellants against the judgment and order dated 11.9.2001 passed by Shri A.K. Bimal, Additional Sessions Judge, Karnal vide which the Appellants have been convicted under Sections 458, 459, 380 and 120 -B of the Indian Penal Code ( in short - the IPC) and sentenced them to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 500/ - each and in default of payment of fine to further undergo rigorous imprisonment for a period of ten days under Section 458 of the IPC each ; to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 500/ - each and in default of payment of fine to further undergo rigorous imprisonment for a period of ten days under Section 459 of the IPC each, to undergo rigorous imprisonment for a period of one year under Section 120 -B of the IPC and to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 500/ - each and in default of payment of fine to further undergo rigorous imprisonment for a period of ten days under Section 380 of the IPC each. However, all the substantive sentences were ordered to run concurrently.

(3.) IT has been alleged that a day before the registration of the FIR, the family members were sleeping inside the house. At about 1.00a.m., in the night, he listened the loud voice of his mother Smt. Kumbra. She was crying for help as she had been looted. The complainant woke up and saw 3 -4 persons coming out of the room of his mother. Accused Tahir Hussain alias Tara armed with an unlicensed pistol and Irfan armed with a pistol came near him and when the complainant responded to the voice of his mother, accused Tahir Hussain inflicted a butt blow of his pistol on the back side of his shoulder. When his mother came out of the room raising hue and cry, accused Irfan fired upon her which hit on her left foot. His mother told the complainant that the accused had taken away the box containing Rs. 25,000/ - papers relating to the commission agents shop. They had also taken away a shirt containing Rs. 2000/ - and one wrist watch. In the meantime Zinda and Akhtar also woke up and raised loud noise. Several villagers assembled there and all the accused fled away from the site after firing several shots in the air. Accused Singha and Sabir Hussain were also identified at the site whereas the remaining accused were identified by the other persons and they can be recognized if they happen to come present before him. On this complaint, a formal FIR was recorded and the investigations were commenced.