JAHID KHAN Vs. STATE

JUDGEMENT

(1.) This appeal has been filed by the appellant Jahid Khan against the judgment dated May 26, 2009 of Addl. Sessions Judge (Fast Track) No.1 Alwar in Sessions Case No. 119 of 2003 whereby the accused appellant was convicted and sentenced under Sec. 395 IPC, to suffer 7 years RI with fine of Rs. 2,000.00 in default of payment of fine to further suffer one year additional imprisonment and under Sec. 397 Penal Code to suffer 10 years RI and fine of Rs.5000.00 and in default of payment of fine to further suffer two years additional imprisonment.

(2.) Brief facts of the case are that on July 28, 2003 at 3.30 a.m. complainant Lallu Khan s/o Roopa submitted a written report (Ex. P.18) at P.S. M.I.A. Alwar Camp Thekda ka Bas alleging therein that in the night at around 1.30 'O' clock wife of the complainant went outside the house to answer the natural call then 7-8 persons forcefully entered in the house and started beating his wife and snatched the ornaments which she was wearing. They also snatched the wrist watch of the complainant and some money from his pocket. On hearing hues and cries his younger brother reached over there. The miscreants while started running one amongst them was caught who sustained injuries due to fall. The miscreant who was caught disclosed his identity as Razaq and informed that his other associates were 7 in number and their names are Mehboob, Ashram, Jameel, Taiyab, Zahid, Ramzan and Liyakat, who are having arms with them and looted articles are also with them. It is further alleged that the complainant and others tried to catch them, however, they opened fire and ran away. His son Subedin and wife have sustained injuries. On the aforesaid report, the police registered case against the accused persons for the offences under sections 395, 397 Penal Code and 3/25 Arms Act and the investigation was started. After concluding the investigation the police submitted charge sheet against the accused for the offences under sections 395 and 397 Penal Code and sections 3/25 of the Arms Act. On committal the trial court framed charge against the accused persons for the offences under sections 395 and 397 Penal Code and 3/25 Arms Act. In support of its case the prosecution examined as many as 16 witnesses and also exhibited 28 documents.

(3.) From the order sheets of trial court , it appears that accused appellant Jahid khan and coaccused Ashram were absconded on 23.9.2004, but till the time the statements of the prosecution witnesses were recorded, both were present. It may be mentioned that vide judgment and order dated 30.11.2004, co-accused persons were convicted and in case of co-accused Ashram, who was called before the trial court by production warrant separate proceedings for trial were started against him vide order dated 30.11.2004. The trial court separately registered sessions case No.112 of 2004 on Dec. 6, 2004. Accused Ashram was convicted and sentenced vide judgment dated Dec. 13, 2004. Accused appellant Jahid Khan appeared before the trial court on 19.3.2009 and on his appearance the record of this case was called for trial and his statement under section 313 Crimial P.C. was recorded on 4.4.2009 and thereafter the trial court heard the arguments and fixed the matter for pronouncement of judgment on May 26, 2009 and on 26.5.2009 he was convicted and sentenced as mentioned above.