ALLAUDIN AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) To assail judgment of conviction dated November 20, 2010/order of sentence dated November 22, 2010, whereby learned Additional Sessions Judge, Faridabad (here-in-after referred to as the 'trial court'), while convicting the appellants under Section 412 of the Indian Penal Code, 1860 (here-in-after referred to as the 'IPC'), has sentenced Alamgir, Jakir Hussain, Allaudin, Najrul, Muhammad Abbas, Miraj aka Tunda, Yasin aka Imran and Miraj aka Lambu to rigorous imprisonment for seven years with fine amounting to Rs. 10, 000/- and in default of payment of fine to further imprisonment for one year, each; and Saliya and Beauty to rigorous imprisonment for a term of five years with fine amounting to Rs. 7, 500/- and in default of payment of fine to further imprisonment for a term of nine months, each, and to seek their acquittal appellants have brought the instant four appeals which, in view of commonality of facts and circumstances and the law, are proposed to be disposed of by this common judgment being penned down in Criminal Appeal No. S-3213-SB of 2010, Allaudin and another versus State of Haryana.

(2.) According to the prosecution, at or around 03.00 a.m. on August 28, 2008, when Complainant Mahender Parkash Sharma (PW1) and his wife Kaushal Sharma were asleep in their bedroom, seven/eight persons, in the age group of twenty five/twenty six, with muffled faces, one having good and others mediocre physique, barged into the room. One of them was carrying a revolver, another a country made pistol (Katta) while others were wielding knives. After tying their hands and feet with a piece of cloth, they asked Mahender Parkash Sharma (PW1) and his wife Kaushal Sharma where had they kept the cash; snatched one gold chain, and one gold ring from Kaushal Sharma besides taking away two mobile phones, a pair of gold bangles, three ladies gold rings, a gold chain, a pair of gold ear tops, and cash amounting to Rs. 8000/-; and while leaving threatened them (Mahender Parkash Sharma and his wife Kaushal Sharma) against raising an alarm. Complainant and his wife, somehow, untied themselves and telephoned their neighbour Narender Singh Chauhan who called the police. On coming out of his home, complainant learnt that a similar occurrence had taken place in the house of N.R. Choudhary (PW2).

(3.) Assistant Sub Inspector Krishna Devi (PW20) (later promoted as Sub Inspector), on receipt of information of the occurrence reached the spot where Mahender Parkash Sharma made a written complaint, Exhibit PA, before her whereupon a formal First Information Report, Exhibit PA/2 (here-in-after referred to as the 'FIR') came to be recorded by ASI Kartar Singh at Police Station, SGM Nagar (Faridabad). Investigating Officer got the spot photographed; got chance prints lifted through Fingerprints Expert, SI Hukam Singh, and drew a visual site Plan (Exhibit PJJ) of the place of occurrence. During investigation, N.R. Choudhary (PW2) handed over to the Investigating Officer a written complaint (Exhibit PJ) stating that a similar occurrence took place in his house also at or around 03.30 a.m. on August 28, 2008, as also a list of stolen articles. From near the place of occurrence Investigating Officer recovered two pairs of shoes (Exhibits P1 to P4) of unknown persons, as also bill of mobile phone make Samsung and two torn pieces of a white coloured sheet of cloth (Exhibits P5 and 6) which were used by the miscreants to tie the complainant and his wife.