1. Challenge in this appeal is to judgement rendered by learned 3rd Adhoc Additional Sessions Judge, Nanded, in Sessions Case No. 60 of 2005 whereby appellants are convicted for offences punishable under section 394 read with section 392 and 34 of the I.P. Code and section 457 read with section 34 of the I.P. Code. Appellant No. 1 Santosh is sentenced to undergo rigorous imprisonment for seven (7) years and to pay fine of Rs. 1000/-, in default to suffer rigorous imprisonment for three (3) months, for conviction for the offence punishable under section 394 read with section 392 and 34 of the I.P. Code. He is further sentenced to suffer rigorous imprisonment for five (5) years for offence punishable under section 457 read with section 34 of the I.P. Code. Appellant No. 2 Shankar is sentenced to suffer rigorous imprisonment for ten (10) years and to pay fine of Rs. 1000/-, in default to suffer rigorous imprisonment for three (3) months for offence punishable under section 394 of the I.P. Code. He is further sentenced to suffer rigorous imprisonment for five (5) years for offence punishable under section 457 of the I.P. Code.

2. The incident giving rise to the prosecution occurred in the late night falling between 16th and 17th May, 1997. Three persons intruded in the residential house of informant - PW Vijay Kasliwal in the wee hours. They had concealed their faces by tying pieces of clothes and were of approximately 5 & 1/2 feet height. The informant - PW vijay was in slumber in his separate bedroom. The three intruders went to the room where old aged mother of the informant was sleeping. They threatened her at point of knife and an iron rod. They robbed his mother Sow. Chanchalbai and maternal aunt Sow. Shakuntala of their ornaments, such as ganthan, gold bangles, ear-tops, etc. They also committed theft of cash amount of Rs. 50,000/- from locker after breaking open it. They were talking in Hindi language. Immediately after the robbers left her room, PW Chanchalbai went outside and narrated the incident to her son. He immediately ran out to give a chase to the culprits. However, it was invain. He gathered further information about commission of the house-theft, the description of the robbers and thereafter, went to Police Station. He lodged first information report at about 5 a.m.

3. The police visited house of the informant. A spot panchanama was prepared. The police arrested the appellants during course of investigation. At instance of appellant No. 1 Santosh, some stolen ornaments were recovered which were concealed underground at an open place. A sachet was recovered after digging at the place. It contained gold angles

and a mangalsutra. Similarly, on basis of information furnished by appellant No. 2 Shankar, two (2) gold bangles, one mangalsutra, a pair of gold ear-tops, two(2) rings, a chain, etc. came to be recovered. The gold ornaments were identified by informant and his mother as the stolen articles.

4. The appellants were chargesheeted for offence punishable under section 395 and 457 of the I.P. Code. One more accused i.e. original accused No.3 Daulat was also chargesheeted for offence of dacoity alongwith them. At the trial, charge (Exh-8) was framed against present appellants and original accused No. 3 Daulat, for offence punishable under section 395 and 457 of the I.P. Code. The accused pleaded not guilty to the charge. At the trial, the prosecution examined in all ten (10) witnesses. The prosecution also adduced certain documentary evidence in support of its case. The learned Sessions Judge came to the conclusion that though there was no medical certificate about injury sustained by mother of the informant, namely, PW Chanchalbai, yet her oral evidence indicated that she sustained minor injury during course of the incident. The learned Sessions Judge held that identity of both the appellants as intruders in the house of the informant and robbers, was duly established. They were accordingly convicted and