IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal No.225 of 2007 Date of Decision: 25.04.2026 _______________________________________________________________________

Niyamat Ali ……...Appellant Versus State of Himachal Pradesh …....Respondent Coram Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting? Yes.

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For the Appellant: Mr. Karan Singh Kanwar, Advocate.

For the Respondent: Mr. Vishal Panwar, Additional Advocate General. _______________________________________________________________________

Sandeep Sharmao, J. (Oral)

Instant appeal filed under Section 374 of Cr.P.C. lays challenge to judgment dated 28.06.2007 passed by the learned Additional Sessions Judge, Sirmaur, District at Nahan, in Sessions Trial No.14-N/7 of 2004, whereby afore Court while acquitting co-accused Amit Gupta and Mehtab, convicted appellant-accused Niyamat Ali (for short, ‘appellant-accused’) for his having committed offences punishable under Sections 392, 342, 506 and 323 of IPC and sentenced him as under:

323 IPC Simple imprisonment ₹500/-

for six months. (in default, to further undergo imprisonment for one month)

342 IPC Simple imprisonment ₹500/-

for six months. (in default, to further undergo imprisonment for one month)

506 IPC Rigorous imprisonment ₹10,000/-

for two years. (in default, to further undergo imprisonment for six months)

2. In nutshell, case of the prosecution, as emerge from the pleadings as well as record of the learned trial Court is that accused Amit Gupta, appellanut-accused, Mehtab, Amar Singh (since deceased) and Irfan (absconding) entered into an agreement to do an illegal act by illegal means to commit the offence of dacoity and in pursuance of such agreement, committed the offence of dacoity by showing revolver and knihfe to Santosh Bansal (PW-3) (for short, ‘complainant’) and her gservant Chhotu (PW-4). Allegedly above named accused tied the hands of complainant as well as her servant and took away sum of ₹15,000/- and watch from the house of the complainant. Prosecution set up a case that on 27.07.2004 at 07:00 pm, accused, named hereinabove, entered the house of the complainant and in furtherance of their common intention, committed dacoity after wrongfully confining the complainant and her servant. While committing the act of dacoity, accused also caused hurt to Anil Kumar Bansal (PW-14) and also committed offence of criminal intimidation by threatening complainant (PW-3) and her servant Chhotu (PW-4). .

3. Anil Kumar Bansal (PW-14), who is in the karyana business, used to go for collection of money every Tuesday after closing his shop. On 27.07.2004, above named person, in routine, had gone for collection of money in his own car and in house, his wife (complainant), along with her servant Chhotu (PW-4) rwas present. At 07:00 pm, while complainant (PW-3) was attending the telephonic call from her daughter, two persons came in the dining hall and told Chhotu (PW-4) that they had been sent by one Vinod, resident of Paonta Sahib, for bringing one bag of sugar. Chhotu (PW-4) told them that since shop is closed, sugar cannot be supplied. In the meantime, complainant (PW-3) also came on the spot and she also replied that since shop is closed, needful cannot be done, however, they can give their telephone number so that required consignment is sent to their residence by next day. While afore two persons, present in the dining hall, were writing the name and telephone number, two persons standing on the stairs also came up and joined the two persons, already present in the dining hall. Three of the persons overpowered complainant (PW-3) and took her to the bedroom where they tied her hands and made her to lie on the floor. Accused also gagged her mouth with chunni, whereas the fourth person caught hold of Chhotu (PW-4) and tied his hands and he was made .to sit by the side of complainant (PW-3).

4. Two of the persons were having country made