V.K. Tahilramani, J.

1. This appeal has been preferred by the appellant - original complainant against the Judgment & Order dated 3.9.2012 passed by the learned Addl. Sessions Judge, Kalyan in Sessions Case No. 267 of 2007. By the said Judgment & Order, the learned Sessions Judge acquitted the respondents - original accused Nos. 1 to 5 of the offences under Sections 396 and 397 of IPC.

2. The prosecution case briefly stated is that on 10.9.2007 at about 10.30 p.m., the complainant i.e PW 1 Chandraprabha was watching television in the house. Her husband Vasant (deceased) was sleeping on the Osari outside the house. At about 10.45 p.m., PW 1 Chandraprabha heard shouts of her husband. She came out and she saw four persons assaulting her husband with wooden sticks. Those persons snatched her ornaments. One of the persons asked her for key of the cupboard. PW 1 Chandraprabha refused to give the key on account of which one blow of sickle was given on her back. The key was forcibly taken away from her and Rs. 2000/- were taken away from the cupboard. Thereafter the persons ran away. Vasant, the husband of PW 1 Chandraprabha was taken to hospital where he expired. It is the prosecu