JUDGMENT

Anand Byrareddy, J.—Heard the learned Counsel for the appellants and the learned Additional State Public Prosecutor. Having regard to the common incident involved in both the appeals, they are heard together and disposed of by this common judgment.

2. The appellants were accused of offences punishable under Section 395 of the Indian Penal Code, 1860 (hereinafter referred to as ‘the IPC’, for brevity). It was the case of the prosecution that on 16.3.2007, at about 1.00 a.m., all the accused persons had entered the Venkateshwara Filling Station, with an intention to commit dacoity, with dangerous weapons and had demanded that the complainant and others, namely CWs 6, 7 and 8 who were in the filling station, to hand over their valuables and cash in the cash counter. When they refused, they were all assaulted with stones and clubs, and cash of Rs.2,000 was snatched from CW 6. The cash box was broken open and the cash of Rs.23,000 was taken from the cash box, apart from one Titan wristwatch and a calculator, and smashed the light which was on, and disappeared from the spot. It is claimed that the material objects were later recovered, apart from the cash, from the accused by th