Pritinker Diwaker, J

As the aforesaid three Criminal Appeals arise out of the same judgment dated 30.09.2014 passed by Additional Sessions Judge Sarangarh, District Raigarh in Sessions Trial No. 16/2012 convicting and sentencing the accused/appellants as described below, they are being disposed of by this common judgment.

Accused/Appellant	Conviction (U/s)	Sentence
Ritesh Sahu	120-B/34 IPC	RI for 10 years with fine of Rs. 1,000/ plus default stipulation
Sanjay Pradhan, Mahesh Bagarti, Naveen Thakur, Munna Sahu, Satish Kumar Sahu, Vikas Chand Rai and Amit Das	395/34 IPC	RI for 10 years with fine of Rs. 1,000/ plus default stipulation
	397/34 IPC	RI for 10 years
	27 Arms Act	RI for 03 years with fine of Rs. 500/- plus default stipulation
	120-B IPC	RI for 10 years with fine of Rs.1,000/- plus default stipulation

2. As per the case of prosecution, complainant Arun Kumar Swarnkar (PW-1) is the proprietor of a jewelry shop styled as Ruchi Jewelers, situated at Main Road, opposite Gaytri Mandir, Baramkela, District Raigarh, who on 18.02.2012 lodged a written report (Ex. P-2) to the effect that on that day in between 9.30 and 10.30 PM, 4-5 dacoits – some masked and some not, committed dacoity of gold and silver jewelry worth Rs. 40–50 Lakhs and then moved away on a Tavera vehicle. Further case of the prosecution is that 10-15 minutes thereafter when the complainant return home, the accused persons caused injuries to him. They are also alleged to have caused gun shot injury to Jasaldas (PW-2) - the watchman of the complainant's shop. On the basis of this written report, FIR (Ex.P-1) was registered on the same day at 11.00 PM under Sections 395 IPC and 25, 27 Arms Act against 4-5 unknown persons. Injured Jasaldas (PW-2) was medically examined by Dr. D. Bohra (PW-14) vide report (Ex. P-33) mentioning typical fire-arm wound and lacerated wound with bleeding on right medial side of calf muscle and lead core was found inside the calf. Likewise, medical report (Ex.P-34) of Simran Swarnkar (PW-11) given by PW-14 shows bruise over vertex of scalp. Medical report (Ex. 35) of Rajkumari Swarnkar (PW-9) shows bruises and abrasion over left elbow and right parietal region of scalp. During investigation, on the basis of call details the accused persons were apprehended on 4.3.2012 and arrested formally on 5.3.2012. On the basis of memorandum (Ex.P-10) of accused Sanjay Pradhan recorded on 4.3.2012, seizure of various articles like cots, almirah, fridge, TV, cycle, chair, RC book of Tavera car, number plates of vehicles, tyre of Jylo car, jacket, showcase meant for keeping ornament, monkey cap, cash of Rs. 75,000/- etc was made under Ex. P-15, P-16 and P-17. On the basis of memorandum (Ex.P-14) of accused Mahesh Bagarti recorded on 4.3.2012, seizure of various articles like Pulsor motorcycle, cash of Rs. 80,000/-, pistols and cartridges was made under Ex. P-20. On the basis of memorandum (Ex.P-12) of accused Navin Thakur recorded on 4.3.2012, seizure of one Nokia mobile phone and cash of Rs. 50,000/- was made under Ex. P-22. On the basis of memorandum (Ex.P-08) of accused Munna Sahu alias Pilot recorded on 4.3.2012, seizure of one motorcycle, cash of Rs. 20,000/- and one micromax mobile was made under Ex. P-21. On the basis of memorandum (Ex.P-13) of accused Satish Sahu alias Rocky recorded on 4.3.2012, seizure of one micromax mobile phone and cash of Rs.1,50,000/- was made under Ex. P-19. On the basis of memorandum (Ex.P-09) of accused Vikas Chand Rai @ Vikki @ Deepak recorded on 4.3.2012, seizure of one Tavera car said to be used in the incident, cash of Rs. 01,25,000/- and a Spice mobile phone was made under Ex. P-18 and Ex. P-23.

On the basis of memorandum (Ex.P-11) of accused Ritesh Sahu recorded on 5.3.2012, no seizure is said to have been made from him. On t