JUDGMENT

J.H. Bhatia, J.—The appellants, who are original accused Nos. 1 to 5, have preferred this appeal challenging the judgment and order passed by 3rd Ad hoc Additional Sessions Judge, Bombay in Sessions Case No. 791 of 2005, whereby all the appellants were convicted for the offences punishable under Sections 399 and 402 of the I.P.C. They were sentenced to undergo R. I. for 5 years and to pay a fine of Rs. 1,000 each for the offence punishable under Section 399 of the I.P.C. and were sentenced to undergo R.I. for 3 years and to pay a fine of Rs. 500 each for the offence punishable under Section 402 of the I.P.C.

2. Prosecution case in brief is that, on 11.8.2005 at about noon time, PW1 Head Constable Sunil Hosalkar, PW5 API Jitendra Koli and API Patil got reliable information from a police informer that in one room of Sabre Chawl 4 or 5 persons had assembled with weapons. In view of this information, police decided to raid that place. Accordingly two panch witnesses were called and the police party along with the panchas went to the said spot at about 12.45 hours. The police party was divided into two groups. One group stood near the door of the room and some staff members sto