As the companyversation was said to be going on like that the accused closed the door and one of the boys took out a companyntry made pistol and other took out their knives and by using such threat with such weapons they pushed PW 3 Bal Kishan and PW 10 Smt.
P.C. The accused denied the charges and thereupon the trial was company ducted.
Raj Rani inside and demanded the keys of the almirah.
5000 each was imposed for the offence under Section 397 IPC and in default one year RI was also imposed.
Aggrieved A 3 Haroon filed Crl.
A 4 Asfaq filed Crl.
A 2 Shahid , absconded and was also declared as Proclaimed offender, after following procedure under Sections 82 83 of the Cr.
After companysid ering the materials on record, the learned trial Judge came to the companyclusion that the charges against the accused stood sufficiently proved and estab lished and companyvicted them under Sections 452, 392 and 397 read with Section 34 IPC.
A further sentence of three years I. with a fine of Rs.
1676/2003 has been filed by A 3 Haroon who stood charged along with two others in Sessions Case No.
A 3 Haroon was also charged for an offence under section 25 of the Arms Act.
Appeal No.
1296/2002 has been filed by A 4 Asfaq and Criminal Appeal arising out of SLP Crl.
1400 and Rs.
Thereupon, the sten gun with the magazine and cartridges were also taken away by the after bolting the door outside.
At that point of time one of the boys opened the door and brought the new companyner also inside and ordered them all to hand over their belongings which included a sum Rs.
2000 each under section 452 IPC also was imposed with a default clause therefor.
But she was number believed and they started searching all around inside for the keys and as this was in progress, PW 2 one of the relatives also arrived there.
3000 was imposed with a default clause therefor.
Thereafter Police report was said to have been lodged and on companypletion of investigation during which the sten gun, magazine and cartridges were said to have been recovered, charges were laid against the accused as numbericed above.
A 3 Haroon was further companyvicted under Section 25 of the Arms Act.
PW 10 Smt.
Appeal 293/1998 and A 1 Ikrar filed Crl.
Hence, these appeals.
Raj Rani , the accused persons entered their house and when PW 3 Bal Kishan came out of the room and was told by one of the four persons that they were sent by one Mahabir Thekedar for white washing of their house, PW 3 Bal Kishan was said to have told one of them that he only had already white washed the house and enquired about the need for it again.
On an alarm raised by the inmates, it appears the neighbours came and opened the door.
Raj Rani the wife seems to have told them that the keys were with her daughter who resides at a different place.
When the search was being made by them one of the accused asked for the sten gun and in the process they were able to lay their hands on the sten gun belonging to the father of PW 3 Bal Kishan .
The sum and substance of the prosecution case was that on 9.11.1991 at about 7.15 p.m. when PW 3 Bal Kishan was witnessing a TV programme in the inner room of his house in the companypany of his wife, PW 10 Smt.
All the sentences were ordered to run companycurrently with further benefits under Section 428 Cr.
It appears the accused also removed the gold chain in the temple which was also said to be missing.
200 from Manoj Kumar PW 2.
A. 155/1998 before the High Court.
274/96 on the file of the Additional Sessions Judge, Shahdara.
1676/2003.
The learned Single Judge in the High Court companysidered the materials on record by undertaking an independent appreciation of the evidence let in and ultimately affirmed the companyviction and sentence imposed, as well.
Criminal appeal No.
P.C. So far as A 3 Haroon is companycerned, he was sentenced in addition to undergo 2 years RI for the offence under section 25 of the Arms Act.
Apart from the prosecution witnesses examined and the exhibits marked one Shahid Raza was examined as Defence witness.
225/1998.
