JUDGMENT :

Shameem Akther, J.

Since the facts of the case and issue involved in all these appeals are identical and since all these appeals arise out of the same judgment, all these appeals are taken up together and are being disposed of by this common judgment.

2. For convenience of discussion, the parties are hereinafter referred ton as arrayed before the trial Court.

3. Criminal Appeal Nos. 599, 638, 657, 685 and 735 of 2012 are filed by A1, A5, A6, A2 and A3 respectively and Criminal Appeal No.694 of 2012 is filed by the complainant, challenging the judgment, dated 28.06.2012, passed in S.C.No.477 of 2010 by the learned VIII Additional Metropolitan Sessions Judge at Hyderabad. Altogether, there are seven accused in this case. The Court below, vide impugned judgment, dated 28.06.2012, while acquitting A1 to A7 of the offence under Section 120B of IPC and A1, A4 and A7 of the offence under Section 396 of IPC, convicted A2, A3, A5, A6 of the offence under Section 396 of IPC and sentenced them to undergo rigorous imprisonment for a period of ten (10) years and to pay fine of Rs.1,000/- each, in default, to undergo simple imprisonment for three months each; and convicted A1 of the offence under Section 412 of IPC and sentenced him to undergo rigorous imprisonment for a period of five (5) years and to pay fine of Rs.1,000/-, in default, to undergo simple imprisonment for three months.

4. We have heard the submissions of Sri C.Sharan Reddy, learned counsel for the appellant/A1 in Crl.A.No.599 of 2102, Sri H.Prahalad Reddy, learned counsel, representing Mr. Mohd. Ashraf Ali, learned counsel for appellants/A5, A6 and A3 in Crl.A.Nos.638, 657 and 735 of 2012, Sri T.Pradyumna Kumar Reddy, learned senior counsel, appearing for the appellant in Crl.A.No.694 of 2012/complainant, Mr. Mohd. Muzaffer Ullah Khan, learned counsel for the appellant/A7 in Crl.A.No.694 of 2012, Sri C.Pratap Reddy, learned Public Prosecutor appearing for the respondent/State in all these appeals, and perused the record.

5. The facts of the case, in brief, are that PW.1-S.M.Hyder Ali lodged a complaint on 31.01.2007 at 05.30 AM with PW.17-K.Chakrapani, Inspector of Police, Bahadurpura Police Station, who was camping at scene of offence, that on 31.12.2007, at about 04.05 AM, his daughters Sanobar (PW.2) and Sabreen (LW.4) were sleeping with their grandfather S.M.Yousuf Ali @ Nawab Sab (hereinafter called as “the deceased”) in his bed room on the first floor. They informed PW.1 that a five-member gang of dacoits killed the deceased and looted the cash from almirah. Immediately, PW.1 rushed to the bed room of the deceased and found his father died and his hands and legs were tied to cot. Cash of Rs.6 lakhs from almirah and a cell phone of deceased with SIM No.9848055001 were missing. His daughters told that five members were involved in the offence and out of them, one was wearing red T shirt and four others were wearing monkey caps.

6. On receipt of complaint, PW.17 forwarded the same to SHO Bahadurpura, with an endorsement for registration of crime and accordingly, PW.15-A.Sudarshan, Sub-Inspector of Police, Bahadurpura Police Station, registered a case in Crime No.302 of 2007 for the offence under Section 396 of IPC and issued Ex.P36-FIR and handed over the C.D. file to PW.17, who was camping at the scene of offence.

7. Having taken over the investigation, PW.17 conducted the scene of offence panchanama under Ex.P2, drawn rough sketches under Exs.P5 and P6 in the presence of PW.4-S.M.Yazdani Ali Mistry and LW.14-Mohd. Ahmed. In the presence of same panch witnesses, PW.17 also conducted Ex.P4-inquest panchanama over the dead body of the deceased, prepared seizure report under Ex.P3 under which, M.Os.15-one brown colour muffler, MO.16-two pieces of lemon colour dupatta oral parda, MO.17-one lungi brown black and while colour with kurta, MO.18-one mehorane brown and wh