S.S. SHINDE, J.

1. Criminal Appeal No.160 of 2007 and Criminal Appeal No.97 of 2008 are directed against the Judgment and Order dated 10th April, 2007, passed by the Additional Sessions Judge, Shrirampur in Sessions Case No.29 of 2005 thereby convicting accused No.2 – Munir Rustum Shah and accused No.3 – Bhimrao Shekha Salam for the offence punishable under Section 395 read with 397 of the Indian Penal Code [for short 'IPC'] and sentencing them to suffer rigorous imprisonment for seven years and to pay a fine of Rs.1,000/- each, and in default of payment of fine to suffer further rigorous imprisonment for six months. The trial Court also convicted accused No.3 – Bhimrao Shekha Salam for the offence punishable under Section 4(25) of the Arms Act and sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Rs.500/-, in default to suffer further Rigorous Imprisonment for three months. All the sentences were directed to be run concurrently.

2. The trial Court also convicted and sentenced accused No.1 – Rajendra Jalinder Ghewande for the offence punishable under Section 395 read with 397 of the IPC. However, it appears that accused No.1 – Rajendra has not filed Appeal against his conviction and sentence.

3. Criminal Appeal No.391 of 2008 is filed by the State against the acquittal of original accused No.4 – Ravindra Baban @ Bhagwan Mhaske, accused No.5 – Mahendra Pralhad Kale and accused No.6 – Dipak Bhagwan Madawi from the offence punishable under Sections 395, 397 read with section 34 of IPC and Section 4 and 25 of Arms Act.

4. All these Criminal Appeals are arising out of one and the same Judgment and Order passed by the trial Court, hence the same are being decided by this common Judgment.

5. The prosecution case, in brief, is as under :-

(A) On 7th April, 2005, an informant Ramdas Bhau Kothule, resident of Khadki, Tq. Nagar, a driver and owner of truck bearing No. MTG-1591 lodged First Information Report at Newasa Police Station. According to him on 5th April, 2005, he loaded wooden logs in his truck at Nagpur and started to come to Pune. In the night of 7th April, 2005, he was proceeding by Aurangabad-Ahmednagar road. At about 3.30 a.m., he came to Anand Dhaba near Chinchora Phata, and parked his truck there for answering the nature's call. When he came back to his truck and was examining his loaded truck, he saw some persons were assaulting other truck drivers who had halted at Anand Dhaba. 4-5 persons also came to him. One of them caught hold color of his shirt and asked him whether he was driver. When he replied affirmatively, one of them abused him and asked him to take out money and put a pistol on his forehead. One of them hit on his head with some hard object. Therefore, the informant got afraid of and he took out money from his pocket and handed over the amount of Rs.1,000/-. According to him, he saw the dacoits in the light in front of Dhaba. The person who put pistol on him, was wearing blackish jin pant and blue half T-Shirt. The person who took amount from him was wearing green full pant and bluish T-shirt and white shoes. The person who assaulted him on his head, was wearing blackish full pant, blackish shirt and shoes. Others were wearing full pant and bluish T-Shirt. Thereafter, all the said persons went towards another truck driver and robbed him. They robbed the informant as well as other truck drivers. They all were in the age group of 20 to 25 years. Within short time, they left the place.

(B) Thereafter, owner of the Dhaba gave a telephonic message to Newasa Police Station. Newasa Police informed the control room. They gave intimation to all night round police parties by wireless. A night round police party was near Newasa Phata. They received information about the said dacoity, therefore they were proceeding towards the spot of incident. When they were searching for the culprits, they found that six persons were moving on two motorcycles, three on each. The police party gave sig