JUDGMENT :- These Appeals can be disposed of by common Judgment, as both Appeals are directed against the decision of the 3rd Ad-hoc Additional Sessions Judge, Nasik dated December 1, 2001 in Sessions Case No.103 of 2001. The Appellants were chargesheeted and tried for offence punishable under Sections 395, 397, 342 and 427 of the Indian Penal Code (hereinafter referred to as 'IPC').

2. The prosecution case is that on 30th March, 2001, informant Bharat Patil went to his duty at about 8.00 hrs. and after completing his work, he returned home at 16.00 hrs. He took meal at 10.30 p.m. and went to bed. His daughter Ujjwala, son Sachin and wife Mangala were watching movie on television. At about 11.30 p.m., door of his house was knocked by 10 to 12 unknown persons. It is the prosecution case that Bharat Patil got up from his bed, when the door was opened by his daughter Ujjwala. The unknown persons rushed into the house of Bharat Patil, who were armed with sticks, iron rods and knives etc. Out of those intruders, one of them asked informant's wife Mangala to take out valuable property. One of the intruders gave blow of iron rod on the right shoulder of the informant, the other intruders

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