JUDGMENT

Dwivedi, J. -- 1. This appeal filed under section 374 of Criminal Procedure Code, 1973 (hereinafter referred to as 'Cr.P.C.') assails the judgment dated 30.4.2012 in S. T. No.357/2010 passed by Special Judge, SC/ST (Prevention of Atrocities) Act 1989, Dewas whereby the appellant has been found guilty for offence under section 458, 392, read with section 397, 364-A and 429 of IPC and sentenced to undergo R.I for 10 years with fine of Rs.1,000/- , R.I. For 10 years with fine of Rs.1,000/-, life imprisonment with fine of Rs.2,000/- and R.I. for three years respectively with default stipulation.

2. The prosecution story briefly stated is that complainant Smt. S.Parimala Srinivasan (PW-1) on 21.9.2010 lodged an FIR at Police Station Kotwali, Dewas stating that she is residing at Sadashiv Nagar and Principal in Central Academy. Her husband is Director in the Caparo Tube, Dewas. On the fateful day, she and her husband A. Srinivasan (PW-2) were sleeping in the room situated at upper floor of the house. When she woke up hearing barking of the dog, mugger armed with knife was standing by the side of their bed. That person asked for surrendering their money. When the pet dog pounced on mugger, he stabbed the dog to death. Armed mugger again threatened them to surrender their cash and jewellry and for that he forced her to open their Almirah. Gold chain of near about 10 grams, 3 rings one having embedded with diamond, second one embedded with pearl and third one with Moonga, all weighing near about 15 grams, ear rings of near about 6 grams, coin of silver having image of Laxmi, three mobile phones, one Samsung bearing SIM No.9826252787, two Nokia mobiles having SIM Nos.9826078725 and 9752091001 and ATM card of SBI was also snatched by that person. After that assailant thief also asked for laptop and on the point of knife that persons took her husband to the ground floor and asked for key of car of Honda City Silver Colour bearing registration No. MP-11-CC-0392. After that he forced to open the gate of the house and to start the car. When her husband said that he don't know to drive the car, that person forced her husband to sit in the car and forcibly took him away. She disclosed features/identity of the miscreant to police .

3. On this information, FIR was registered at Crime No.1135/2010 on 21.9.2010 and an investigation was set in motion. Spot map, damage Panchnama for damage of laptop were prepared. From the spot, two knives used for cutting vegetables, one napkin, one fibre sheet, three burned pieces of rubber, telephone wire, loose rubber pipe were also seized. Blood of the dog was raised with the aid of cotton. Postmortem of the dog was conducted. When the police chased the mugger, he nearby the ATM of SBI at Palda, left her husband with car and fled away. After that their Honda City car was seized. The accused was arrested and on his information, disclosure statement was prepared. The looted articles were seized from the appellant and Test Identification Parade of the appellant and the looted articles was conducted wherein looted articles and the appellant was duly identified. Blood stained cotton, plain cotton, blood-stained knife were seized and sent to FSL Gwalior through the Superintendent of Police, Dewas for examination. Call details of the complainant were taken. Statements of the complainant Smt. S.Parmila (PW-1) Srinivasan, A. Srinivasan (PW-2), Sabir Khan, Motilal Khatri (PW-4), Hemendra Singh Raghuwanshi (PW-3), Sachin Soni, Santosh Kumar Goud were also recorded under section 161 of Cr.P.C.

4. On completion of usual investigation, charge sheet was filed against the appellant before the Court of competent Magistrate having local jurisdiction. Learned Magistrate after complying with the formalities stipulated under section 207 of Cr.P.C. committed the case to the Court of Sessions. The learned trial Court framed charges for offence under sections 458, 392 read with sections 397, 364-A, 440 and 429 of IPC and read