V.M. DESHPANDE, J.

1. These two appeals are heard together and are disposed of by this common judgment since both the appeals arise out of judgment and order of conviction dated 24.3.2004 passed by 1st Ad hoc Additional Sessions Judge, Nagpur in Sessions Trial No.572/2002.

2. By the impugned judgment and order of conviction, the appellants in these appeals are convicted for offence under Section 392 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 5 years and to pay a fine of rs.1000/- and in default of payment of the fine amount to suffer rigorous imprisonment for 6 months.

3. Criminal Appeal No.204/2004 is filed by Shambabu s/o Siddhagopal Suryawanshi, the accused No.1. Whereas, Criminal Appeal No.413/2004 is filed by Rajjan @ Baggad s/o Mishrilal Kuril, the accused No.2. In this judgment, the appellants will be referred to by their original positions in charge.

4. Accused No.1 Shambabu, is represented by learned senior counsel Shri Anil S.Mardikar along with Advocates Shri C.R.Thakur and Rishabh Khemuka. Accused No.2 Rajjan, is presented by learned counsel Shri R.M.Daga. In both these appeals, the State of Maharashtra is represented by learned Additional Public Prosecutor Shri M.K.Pathan.

5. Facts giving rise to the present appeals can conveniently be stated as under:

(A) Devprasad Himanshu Sengupta (PW7), firstly went to Walni Outpost of Khaperkheda Police Station for narration of incident. However, he was asked to lodge a report. Thereafter, he came to his house and then rang up to Khaperkheda Police Station and informed police about commission of robbery in his house.

(B) The telephonic information was received by Assistant Police Inspector Rajesh Awdumbar Dudhalwar (PW20) and accordingly he went to spot of incident. He went to house of Smt.Shampa (PW2) (wife of Devprasad) and recorded report of Smt.Shampa. Her oral report is at Exhibit 12. It appears that on the basis of the oral report (Exhibit 12), a crime vide Crime No.44/2002 was registered at Khaperkheda Police Station for offences under Section 392 read with Section 34 of the Indian Penal Code and under Sections 3 and 25 of the Arms Act, 1959. The crime was registered against 3 unknown persons. Printed First Information Report is at Exhibit 23.

(C) The oral report (Exhibit 12) lodged by Smt.Shampa recites that on 24.4.2002 at about 1:15 O'clock in the noon, her husband Devprasad (PW7) went to village Bina for attending a marriage and in the house she, her mother-inlaw Smt.Rama, and her two daughters, Jiya aged 12 years and Bulbul aged 9 years, were present. Front door of her house (quarter) was latched from inside. At 1:40 O'clock in the noon, 3 persons entered the house by pushing the front door. At that time, Smt.Shampa had taken her bath and stepped out of bathroom. Those 3 persons were looking for something in 3 different rooms. When she made enquiry as to how they entered the house and what they are looking for, at that time a person, wearing a navy blue coloured full sleeves shirt and faded blue coloured jeans and who was of dark complexion, short heighted and slim and having beard and whose hair were combed backward, inserted revolver in her mouth and they took her to bedroom where Television Set was kept and asked her to give cash, gold and silver available in the house by threatening to kill all the persons present in the house. The oral report further recites that she told them that she was not having locker keys as doctor (her husband) had taken the same with him. Thereupon, they snatched gold ornaments from her person. One person remained with her and two persons took search of the bedroom in which the Television Set was kept. That time, she took out cash from almirah amounting to Rs.600/- and gave the said to them. Thereafter, they extended threats to kill her two children and under the fear she showed keys of almirah a