SWAPNA JOSHI, J.

1. The instant Appeal takes exception to the judgment and order dated 16.02.2004 delivered by the learned Additional Sessions Judge, Kelapur in Sessions Trial No.196/2002 acquitting the respondents (hereinafter referred to as “the accused”) of the offence punishable under Section 395 and 397 of the Indian Penal Code.

2. The prosecution case can be summarized as under :

Shyam Belorkar (PW5) was residing along with his wife Shobha @ Shital, nephew-Akash, elder brother Arun and his wife Prabha, at Babasaheb Deshmukh Society at Ghatanji. During the intervening night of 17 and 18th August,1999 between 2.00 and 2.30 am, Shyam (PW5) heard noise of knocking the back side door of his house. Shyam as well as his wife Shoba, both woke up from their sleep. They came from their bed room and put on the inside and outside lamps. They both went to the door which was knocked. They noticed that four persons being Sardarji, had broke open the door and entered inside the house, while two Sardarjis were guarding outside the house of PW5. Out of those 4 sardarjis, one of them assaulted Shyam (PW 5) by means of an iron bar on his head. He asked PW5 to come inside. Those culprits t