1. The present appeal purports to be under S.378(3) of the Code of Criminal Procedure, 1973 (in short 'CrPC.') seeks to challenge the judgment and order dated 06.02.2021 passed by Additional District and Sessions Judge, Court No.6, Saharanpur in Sessions Trial No.523 of 2015 in case crime No.81 of 2015 (State v. Mubarak Ali and three others), S.T. No.577 of 2015 (State v. Wasil) in case crime No.81 of 2015, Police Station - Gangoh, District - Saharanpur whereby the accused - respondent Nos. 1 to 4 have been acquitted under charges 395/412 IPC and accused No.5 under S.395 of IPC.

2. Facts

The prosecution theory in brief is that P.W.1, Nathiram, the informant had lodged a first information report on 02.03.2015 in police station - Gangoh, Saharanpur alleging that on 01.03.2015 at 11:30 pm when he along with his brother, Dharmendra, P.W.2 were driving a four wheeler Bolero Maxx Truck Mahindra, Registration No. UP - 11 - AT - 0204 Chassis No.3826571 and Engine No.GLI -