1. These two appeals can be disposed of by a common judgment, as the same take exception to the self-same judgment and Order passed by the 10th Additional Sessions Judge, Pune dated 10th May, 2004 in Sessions Case No.120 of 2003. Criminal Appeal No.927 of 2004 is filed by Accused No.8, whereas Criminal Appeal No.845 of 2004 is filed by accused Nos. 1 to 7, 9 to 13. All the accused/appellants have been convicted for offence punishable under section 395 of I.P.Code and sentenced to suffer R.I. for a period of 5(five) years and to pay fine of Rs.1,000/-each in default R.I. for a period of three months.

2. Briefly stated, the prosecution case is that on the fateful night, the complainant Anil Babanrao Rajguru(P.W.1) was employed as driver in the company where Dr.Sumantran was the Executive Director. On 3rd October, 2002 at about 6 a.m. the complainant and Dr.V.Sumantran left for Mumbai by car from Pune. On 4th October, 2002 after the official meeting of Dr.V. Sumantran concluded, they left for Pune from Worli, Mumbai by road at about 6.45 p.m.. It is the prosecution case that car had reached at the spot where the incident is alleged to have taken place at around 9.30 p.m. The spot is located on the express highway. According to the prosecution, the car first jumped on the stones which were kept on the road and then front tire got punctured. Dr.Sumantran advised the driver(P.W.1) to park the car at the road side. After the car was parked, P.W.1 got down from the car to replace the damaged tire. While he was in the process of removing the said tire, he saw about 6 to 7 persons coming out of bushes from the road side with weapons like swords. One of them was wearing baniyan and half pant, having sword in his hand. He assaulted P.W.1- Anil Rajguru causing injury near his left eye. According to the P.W.1, he immediately caught hold of the miscreant and both of them fell down on the road. Somehow P.W.1 rescued himself and came near the car. He asked Dr.Sumantran to lock the car from inside. He also asked Dr.Sumantran to handover pistol to return the attack of the miscreants. On hearing that, miscreants who had collected, started pelting stones on the car, which in turn damaged the car. According to the P.W.1, he then told Dr.Sumantran to get down from the car and run away from the spot. Dr.Sumantran accordingly, came out of the car and took lift from one truck which was proceeding towards Pune. P.W.1 thereafter, ran towards Pune side while he was being chased by the miscreants. He spotted one Tata Sumo Jeep going towards Pune and halted that sumo jeep which dropped him near toll naka(Octroi Naka), where P.W.1 was given first aid in the ambulance standing near the toll naka. Later on P.W.1 informed the police station. On receiving such intimation P.W.4-Vijaykumar Dattaram Bhoite, I.O. reached at toll Naka, where the statement of P.W.1 came to be recorded. By that time, P.W.1 had learnt that the miscreants after damaging the car had taken away one palm top computer, one Nokia mobile belonging to Dr.Sumantran, one small tape recorder of Soni make, Bags of complainant and of Dr.Sumantran. That fact has been noted in the complaint, in his statement which is registered as FIR bearing C.R.No.146 of 2002. After registering the offence, investigation commenced. The accused came to be arrested in connection with the present offence on 22nd November, 2002. The accused were in custody of Lonavala Police Station in connection with some other offence. Their custody was transferred to Wadgaon Mawal police station, where P.W.4 was attached and was investigating the case, which had occurred within his jurisdiction. During the course of investigation, on 5th October, 2002, at about 7 a.m., spot panchanama came to be prepared. Spot panchanama gives description of stones as well as broken glasses of the car. Car was not on the spot at the relevant time. No separate panchanama regarding damage caused to the car by the miscreants has been recorde