1. These appeals are directed against the impugned judgment dated 7th November 2013 passed by the learned Additional Sessions Judge in SC No. 378/1/10 convicting the three Appellants for the offences punishable under Sections 458/34 IPC and Section 392 read with Section 397 IPC and the order on sentence dated 22nd January 2014 convicting each of them to rigorous imprisonment (‘RI’) for seven years along with fine of Rs. 10,000, and in default, to undergo simple imprisonment (‘SI’) for six months for each of the aforementioned offences. All the sentences were directed to run concurrently.

Case of the prosecution

2. The case of the prosecution as spoken about by Mohd. Mukhtar Alam @ Azad (PW-3) in Court was that he had a readymade garment shop at Tank Road, Karol Bagh, Delhi. On 28th August 2009, at around 10:45 pm, he had dinner with his wife, Reshma (PW-11) and his two children – son Mohd. Arman, aged 31/2 years and daughter Alia, aged about 8 months. After an hour, they all went to sleep in the same room. The premises was B-41, Gali Jamuna Wali, Som Bazar, Uttam Nagar, Delhi. The house measured 27 sq. yds., with one room each on the ground and first floor. On the ground floor, there was one double bed, a T.V., iron box, constructed almirah and hangers. As per the description of PW-3, there was a main gate and the room on the ground floor at a distance of 8 ft. from the main gate. There was a door to the room as well. According to PW-3, they never bolted the bedroom but bolted the main gate. There was a window on the side of the main gate of the premises meant for the cooler. The cooler was installed in that window at the relevant time.

3. PW-3 stated that while he and all the family members were sleeping on the same bed on the intervening night of 28th/29th August 2009, at around 2:30 am, he felt a sensation on his leg and woke up. He noticed three persons standing. He then woke up his wife. Of the three persons, one was 5’8” tall, having a french cut beard and a knife in his hand; the other was 5’7” tall and was also having a knife in his hand; the third was standing near the fridge. PW-3 stated that all the accused persons, on the point of knives, threatened him to surrender all the gold jewellery, cash etc. The accused took the gold ring that PW-3 was wearing on his finger and also two gold rings from the hands of PW-3’s wife as well as her earrings.

4. The accused persons after forcing PW-3 to disclose that the cash was inside the gullak (made of soil) kept inside the drawer of the bed, broke open the drawer, took out the gullak as well as purse of PW-3’s wife (PW-11). While the gullak had Rs. 3,000, PW-11's purse contained around Rs. 30,000. The accused also took PW-3's purse from his pant which was hanging on the wall and contained Rs. 35,000, two ATM cards of AXIS Bank, driving license, PAN Card and some personal papers/documents. The accused then opened the iron box which was lying in front of bed and took out the clothes. They also took out the gold jhumka, one gold chain, one silver pazeb belonging to PW-11 and the kadas and payal of their children. PW-3 further stated that the accused also took two of his mobile phones. While deposing in the Court he disclosed the number of one of them as 9717030644. He could not recall and the number of the other mobile. According to him, the accused persons threw the SIM Card of the other mobile. While leaving, the accused threatened him and his family members not to raise any alarm. They bolted the room and the outer gate of the house from outside and ran away.

5. PWs 3 and 11 started weeping, and after some time, raised an alarm. On hearing the alarm, Paramjeet (who was examined as PW-1 and PW-8), went over to their house , opened the gate and the door of the room. PW-1/PW-8 stated that he noticed that PW-3 had cut injuries below his neck on the front side. PW-3 disclosed to PW-1 about the robbery. PW-1 did not find anyone in the gali outside. He returned to his h