judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the order passed by a learned Single Judge of the Rajasthan High Court, Jaipur Bench. Challenge in the appeal before the High Court was to the judgment and order dated 10.4.2002 passed by learned Additional Sessions Judge (Fast Track) Class II, Jaipur. By the said judgment, the appellant was convicted for offence punishable under Section 395 of the Indian Penal Code, 1860 (in short ‘IPC’). He was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,000/- with default stipulation.

3.Background facts in a nutshell are as follows :

In the intervening night of 8-9th May, 1994 when Vishwas (PW-3) and his wife Renu Jain (PW-1) were sleeping in their house situated in Mauji Colony, Malviya Nagar, Jaipur, five persons entered the house and tied their servant Chaturbhuj who was sleeping in the basement of the house. Thereafter, the accused also tied the mouth, hands and legs of Vishwas Jain (PW-3) and his wife Renu (PW-1) and then bolted them inside the bathroom and having threatened them at the point of pistal and knife, the accused looted the gold and silver ornaments, coins and ca