Biren Vaishnav, J.

1. This acquittal appeal has been filed by the State challenging the judgment and order dated 22.12.1993 passed by the learned Additional Sessions Judge, Junagadh, in Sessions Case No. 54 of 1992, by which, the three accused charged for offences under section 457, 342, 394, 34 and 114 of Indian Penal Code were acquitted.

2. Complainant Khokharbhai Kalabhai filed the FIR on 19.01.1992. According to the version in the complaint, on the night of 18.01.1992, when he alongwith his father Kalabhai and mother Lakhiben and brother Arshi were at home and were sleeping and after having locked the door, they heard noises of somebody breaking the lock and entered the veranda of residence where the family was sleeping. Of the four persons who had entered, one was wearing a red shirt and a black trouser and had covered his face and was holding a gun. The second was wearing a shirt and a trouser and had a sword in his hand. While the complainant and his father and the brother-in-law were sleeping outside the veranda, the person holding the gun attacked his father with the butt of the gun, while the second stood beside the complainant and his brother-in-law. The other two then entered the house, opened the cascade and remove the cash that was lying therein. A total amount of 84,200/- and certain ornaments, according to the complainant, was looted. According to the complainant, he could not identify any of the accused, however, if these persons were shown, he would identify them. The person holding the gun was aged around 35 years. The complainant in his complaint stated that he did not suspect any particular individual. Based on this complaint, a charge-sheet at Exh. 1 was filed before the Sessions Court at Junagadh and the three accused were implicated for offences under sections 457, 394, 397, 342 read with section 34 of the Indian Penal Code and section 114.

3. The complainant-Khokharbhai Kalabhai was examined as PW-1 at Exh. 10. According to this witness, on the date of the incident i.e. on 18.01.1992, he alongwith his father and his brother-in-law and Vaghari Manubhai was sleeping on the courtyard on veranda. His mother Lakhiben and sister were sleeping inside the room. The main door of the house was locked from inside. At 12 midnight, somebody broke open the lock and when his father confronted the person, the four broke open the door and walked in. One of them stood by his father's side whereas the other two stood by his side and his brother-in-law. The person who was standing by his father's side, was carrying a gun and he hit his father with the butt of the gun. The person who was standing by his side was standing with a sword and the other person standing by his brother-in-law's side was also holding a gun. The person who had attacked his father, then threatened to kill both him and his father if they did not part with the cash and ornaments lying in the house. Of all the four who had come, two of them entered the room of their house, and on founding cascade locked, returned and asked for keys. When his father denied that the keys were with him, they entered the room where the mother and the sister were sleeping and asked for the keys. Since the mother could not open the lock of the cascade, they broke open the cascade and removed the ornaments and the cash lying in the cascade. All four of them left after locking the four occupants in a room. He thereafter came out of a window, opened the door from outside. He together with his brother-in-law then went to the Sarpanch of the village. Sarpanch came to their house and called the police patel. Kunjabhai was the member of the legislative assembly to whom they subsequently went where the police had come and the complaint was lodged. This witness further deposed that the four persons who came and had entered the house at night, were present in the house for about two to three hours, while the person who was standing by his father's side, stood there for two hours