TAHIR @ YUNUS @ PILLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) - By this order I dispose of Criminal Appeal No. 591-SB of 1997 titled Tahir @ Yunus @ Pilla v. State of Haryana and Criminal Appeal No. 627-SB of 1997 titled State of Haryana v. Akhtar and others as both the appeals have arisen from the judgment and order dated 24.4.1997 passed by the Court of Judicial Magistrate Ist Class, Ferozepur Jhirka, who convicted Tahir alias Yunus alias Pilla under Section 394 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for three years.

(2.) BEFORE I proceed further, I may mention that the Judicial Magistrate Ist Class, Ferozepur Jhirka tried four persons in case F.I.R. No. 243 dated 18.6.1996 under Sections 394/411 of the Indian Penal Code, Police Station Hathin. Those persons were Akhtar alias Iqbal, Jamil alias Sakil, Isriel and Tahir alias Yunus alias Pilla. Jamil alias Sakil was acquitted by the trial Court while Akhtar alias Iqbal, Isriel and Tahir alias Yuuns alias Pilla were convicted and sentenced. Akhtar alias Iqbal and Isriel did not file any appeal but Tahir alias Yunus alias Pilla has filed appeal No. 591-SB of 1997.

(3.) ON 24.4.1996 learned Magistrate framed charge under Section 394 read with Section 34 of the Indian Penal Code against the accused. It was read over and explained to them to which they pleaded not guilty and claimed trial.