The prosecution must establish the identity of the accused and their act of committing the offense beyond reasonable doubt. Failure to do so may result in acquittal or modification of the sentence.

JUDGMENT

1. The instant criminal appeal under Section 374 of Cr.P.C has been filed by the appellants against the order dated 17.03.2015 passed by Additional Sessions Judge, Sironj to the Court of Additional Sessions Judge, Sironj District Vidisha in S.T.No.331/2013 whereby appellants namely- Sabir @ Bhaiya Trektar, Ameer @ Hamja and Parvez @ Nakta have been convicted for the offence punishable under Section 458 of IPC and sentenced to undergo five years RI with fine of Rs.1,000/- each and under Section 392 of IPC and sentenced to undergo five years RI with fine of Rs.1,000/- each and appellant namely Rohit Soni has been convicted under Section 411 of IPC and sentenced to undergo two years RI with fine of Rs.1,000/- with default stipulations.

2. The brief facts of the case of prosecution are that complainant-Bharosi Kushwaha lodged the FIR stating that at about 1 am at midnight at agriculture field when the dog was barking, at that time three unknown persons came to complainant with covered face and asked the address of a person. When the complainant showed his ignorance and called his wife namely-Rajbai, and brother-in-law then and appellants went away. Next day in the morning when complainant came to know about the fact that articles (silver and gold) of Rs.82000/- are missing, he lodged the complaint.

3. After investigation, charge-sheet was filed. Thereafter, case was received by the Sessions Judge for trial.

4. Appellants abjured their guilt. However, took defence of false implication.

5. Before the trial Court, prosecution examined the nine witnesses namely- Bharosi (PW-1), Smt. Rajbai (PW-2), Krishnagopal Mangal (PW-3), Bundel Singh (PW-4), Sandeep Shrivastava (PW-5), Ashok Yadav (PW-6), Krishnamohan Mangal (PW-7), Girish Tripathi (PW-8), Dinesh Prajapati (PW-9).

6. Evidence was led by the parties and after considering the evidence and submission of the parties, the trial Court found the appellants/accused namely Sabir @ Bhaiya Trektar, Ameer @ Hamja and Parvez @ Nakta guilty for the offence punishable under Sections 458 and 392 of IPC and found the appellant Rohit Soni guilty for the offence punishable under Section 411 of IPC.

Therefore, against the judgment of trial Court appellants have filed this present appeal under Section 374 of Cr.P.C.

7. Learned counsel for the appellants submit that appellants have been falsely implicated in the case and trial Court committed grave error in convicting them ignoring the evidenced produced before the trial Court. The appellants in their defence submitted the evidence in relation to the earlier dispute among the parties, but aforesaid aspect has wrongly been declined by the trial Court.

8. Learned Pubic Prosecutor for the respondent/State opposed the prayer and prayed for its rejection.

9. Heard learned counsel for the parties and perused the record and documents appended thereto.

10. It is the case where appellants are suffering conviction for the offence punishable under Sections 458 and 392 of IPC (except appellant-Rohit Soni in CRA No.292/2015) and appellant Rohit Soni is suffering conviction for the offence punishable under Section 411 of IPC.

11. At the first instance, it is to be seen that whether the commission of offence under Section 458 of IPC was proved by the prosecution beyond reasonable doubt or not?

12. In the case in hand, FIR (Ex-P-1) in which complainant has narrated the events in following terms :-

^^izdj.k lnj dk laf{kIr fooj.k bl izdkj gS fd fnukad 04@07@13 dks Qfj;knh Hkjkslh iq= Jh ?kklhjke dq'kokg mez 50 o"kZ fuoklh xzke fru?kkSM+k gky&d`".k xksiky eaxy dk [ksr cklksnk jksM fljksat us Fkkus ij mifLFkr gksdj fjiksZV ys[k djkbZ fd jkf= esa djhcu 1 cts mlds fuokl cklksnk jksM fljkst d`".k xksiky exay ds [ksr ij rhu vKkr cnek'k viuk eqg ck/aks vk;s rFkk pPpk ds ckjs esa iwNus yxs esjh iRuh o lkys ds tkXkus o dejs ls ckgj vkus ij cnek'kksa dk dejs esa vanj ?kql tkuk rFkk lksus pknh dh jdes o udnh :i;s mBk ys tkus dh fjiksZVZ vafdr djkbZ Fkh ftl ij ls vijk/k dze