ORDER

Leave granted in SLP (Crl.) No. 1676/2003.

2. Criminal Appeal No. 1296/2002 has been filed by A-4 (Asfaq) and Criminal Appeal arising out of SLP (Crl.) No.1676/2003 has been filed by A-3 (Haroon) who stood charged along with two others in Sessions Case No. 274/96 on the file of the Additional Sessions Judge, Shahdara.

3. The above appellants were tried before the learned Additional Sessions Judge along with two others by name Ikrar (A-1) and Shahid (A-2) for charges under Section 452 IPC, Section 392 IPC and Section 397 IPC read with Section 34 IPC. A-3 (Haroon) was also charged for an offence under Section 25 of the Arms Act. 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 company of his wife, PW-10 (Smt. 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 f