P.N. Deshmukh, J.

1. This appeal takes exception to the judgment and order dated 29th of November, 2011 passed by learned Extra Joint (Ad hoc) Additional Sessions Judge, Chandrapur in Sessions Case No.5 of 2010, thereby convicting the appellant/accused for the offence punishable under Section 396 read with Section 397 of the Indian Penal Code and sentencing him to suffer imprisonment for life.

2. In brief, it is the case of prosecution that PW 3 Riddhishwar Warjukar, the complainant, was doing money lending business at village Mohadi, Tq. Nagbhid, Distt. Chandrapur. On 3rd of November, 2003, he was at Nagpur with his family members leaving his mother Kasabai (deceased) and two servants being PW 1 Kewalram Dadmal and PW 2 Yadav Dudhkute in the house at Mohadi. It is alleged that in the night intervening 3rd of November, 2003 and 4th of November, 2003 at about 1.00 am, 20 to 25 persons having armed with sticks and other weapons, in order to commit dacoity, entered the house of complainant and killed Kasabai and injured PW 1 Kewalram and PW 2 Yadav, the servants. The dacoits ransacked the house of the complainant and looted cash to the extent of Rs.25,000/- by breaking almirahs