MINTU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioners convicted and sentenced by two Courts below have challenged the judgment dated 11.5.2011 passed by learned Sessions Judge, Solan in Criminal Appeal No.29- s/10 of 2010, affirming judgment dated 9/12.11.2010 passed by learned Chief Judicial Magistrate, Solan in Criminal Case No.98/2 of 2010. The Chief Judicial Magistrate has sentenced the petitioners to undergo simple imprisonment for a period of two years under each of the offence i.e. under Section 454 read with Section 34 IPC and under Section 380 read with Section 34 IPC with fine of Rs. 1000/- under each of the aforesaid offences, with default clause. The benefit under Section 428 Cr.P.C. has been given to the petitioners.

(2.) The prosecution case in brief is that on 20.7.2010 at about 2.15 p.m. at village Anji Dharvi, the petitioners in furtherance of common intention committed lurking house trespass in the residential house of Abhi Ram in order to commit theft. The petitioners committed theft of gold and silver ornaments from the house of Abhi Ram. The petitioners at about 2.pm. in furtherance of common intention broke open the lock of the main door of the house of Abhi Ram. The petitioner Mintu entered inside the house, the petitioner Ashish Kumar alias Sonu and petitioner Pintu stood outside guarding the house.

(3.) It has been alleged that complainant PW-8 Narinder Kumar saw the petitioners No.2, 3 standing outside the house of Abhi Ram, the said petitioners on seeing Narinder Kumar ran away from the spot. The complainant found petitioner Mintu searching for articles inside the house. The complainant bolted the main door of the house from outside with petitioner Mintu inside the house and thereafter raised alarm; many villagers came on the spot. The petitioner Mintu broke the door and ran away towards nullah near Durga Public School. The other two petitioners also escaped in the same direction. The complainant with the help of other villagers chased the petitioners and apprehended them near Durga Public School, Anji.