V.K. Jain, J. (Oral)

1. On 24.8.2003, at about 5:40 a.m., Rakesh, a resident of Village Mukhmelpur informed on telephone that robbers had entered their house and had robbed them at the point of gun. The information was recorded vide DD No.36A of Police Station Alipur and a copy of the DD was given to ASI Jai Kumar of the aforesaid police station. When he reached the spot, the complainant Rakesh Kumar was present there. The complainant told the police officer that in the night he had kept the door of the house open, as he had some physical problem. At about 4:00 a.m. on 25.8.2003, he heard some noise in the house whereupon he got up. When he tried to raise alarm, two (2) boys armed with country made pistols put their pistols against him and threatened to shoot him in case he raised alarm. The third person with them had a torch in his hand. His wife and children also woke up. Those persons threatened to shoot his wife and children in case they raised alarm and asked him to take out whatever he had. He further stated that he had Rs.1,500/- with him which the robbers snatched from him. They also forcibly removed ear rings which is wife was wearing besides taking out the silver