JUDGMENT

A M Badar, J. - Criminal Appeal bearing No.41 of 2015 is filed by appellant/accused No.1 Ajagarali Shaikh, appellant/accused No.2 Jabbar Shaikh, appellant/accused No.3 Mehammad Akram Khan, appellant/accused No.5 Rahul Waghmare, appellant/accused No.7 Mangesh Sakat and appellant/accused No.8 Manoj Nair whereas Criminal Appeal bearing No.620 of 2013 is filed by appellant/accused No.6 Ramesh Akhade. They all along with acquitted accused No.4 Raju Vijay Bahadur Singh were tried for offences punishable under Sections 395 read with 397, 216-A read with 34 and 411 read with 34 of the Indian Penal Code, vide Sessions Cases Nos.49 of 2012, 241 of 2012 and 503 of 2012. By the impugned judgment and order dated 26th April, 2013, the learned Ad hoc Additional Sessions Judge, Sewree, Mumbai, was pleased to convict the appellants/accused Nos.1, 2, 3, 5, 7 and 8 of the offence punishable under Section 395 of the Indian Penal Code and similarly to convict appellants/accused Nos.1, 2, 3 and 7 for the offence punishable under Section 395 read with Section 397 of the Indian Penal Code. They all came to be sentenced to suffer rigorous imprisonment for 10 years by each of them, apart from payment of fine of Rs. 5,000/-by each of them, and in default, to suffer simple imprisonment for 2 months. Appellant/accused No.6 Ramesh Akhade came to be convicted for the offence punishable under Section 411 of the Indian Penal Code and by the impugned judgment and order, he came to be sentenced to suffer rigorous imprisonment for 3 years apart from payment of fine of Rs. 500/-, and in default, to undergo simple imprisonment for 2 months. The appellants/accused persons came to be acquitted of other offences with which they were charged.

2. Facts, in nutshell, leading to the prosecution of appellants/accused persons along with the coaccused are thus :

(a) PW1 Nathuali Shaikh along with his coworker Mahindar Gaur were working in the night shift of Excel Plastic Factory at Sewree in the night intervening 9th September, 2011 and 10th September, 2011. Other workers, so also, PW4 Naresh Paragi - a tea stall vendor, at that time were sleeping in the mezzanine floor of the said factory, which was owned by PW2 Asif Lakdawala. PW3 Ramkant Patel, worker of the said factory, was also one amongst other coworkers, who were sleeping at the mezzanine floor of the said factory.

(b) At about 3 to 3.30 a.m. of 10th September, 2011, 8 dacoits entered in the said factory. At that time, appellant/accused No.7 Mangesh Sakat was holding an axe. He declared that he is a "bhai" of Sewree. He demanded money from PW1 Nathuali Shaikh, who was working in the factory. Upon being informed that there is no money with him, appellant/accused No.7 Mangesh Sakat assaulted PW1 Nathuali Shaikh by means of an axe. The blow landed on the right elbow of PW1 Nathuali Shaikh. The accused persons assaulted Mahindar Gaur and robbed him of his two mobile phones and cash amounting to Rs. 7500/-. PW1 Nathuali Shaikh was relieved of his mobile phone and cash amounting to Rs. 1500/-. Four of the dacoits then went at the mezzanine floor and appellant/accused No.7 Mangesh Sakat also joined them. By threatening the workers sleeping at the mezzanine floor, the dacoits looted their mobile phones and cash. While leaving the place, the dacoits took television set kept at the office of Excel Plastic Factory. On the way they assaulted a person sleeping in the truck.

(c) The incident of dacoity was then informed telephonically to PW2 Asif Lakdawala - owner of the Excel Plastic Factory. He visited his factory and took PW1 Nathuali Shaikh to Police Station Sewree where PW1 Nathuali Shaikh lodged report Exhibit 51. He was then sent for medical treatment to J.J.Hospital, after registration of Crime No.83 of 2011 under Section 397 of the Indian Penal Code by PW6 Kundalik Aware, Assistant Police Inspector.

(d) Appellant/accused Nos.1 and 3, namely, Ajagarali Abdulrajak Shaikh and Mehammad Akram Mujibulla Khan came to be