Alok Singh, J. -
(1.) AT the outset, it is pertinent to mention here that appellants Jalil, Zaheed and Sakoor have preferred appeal from jail bearing No. CRJA No. 54 of 2010 and have also filed appeal in their individual capacity bearing No. CRLA No. 179 of 2011, so there is no need to appoint any Amicus Curiae in the CRJA No. 54 of 2010, as Ms. Neetu Singh, Advocate is present in the Court and ready to argue the appeal on their behalf. All these appeals are arising out of the same impugned judgment and order dated 31.07.2010 passed by Additional Sessions Judge/1st FTC, Haridwar in Sessions Trial No. 199 of 2008 whereby learned Sessions Judge found all appellants guilty for the offences punishable under Section 395, 397, 412 IPC and sentenced them to undergo 10 years rigorous imprisonment and to pay fine of Rs. 10,000/ - each and in default, to undergo additional imprisonment for one year under Section 395 IPC; sentenced them to undergo 10 years rigorous imprisonment and to pay fine of Rs. 10,000/ - each and in default, to undergo additional imprisonment for one year under Section 397 IPC; and sentenced them to undergo 10 years rigorous imprisonment and to pay fine of Rs. 10,000/ - each and in default, to undergo additional imprisonment for one year under Section 412 IPC.
(2.) BRIEF facts of the case, inter alia, are that P.W. 1 Vijay Bansal lodged an FIR on 13.10.2007 at 07.50 a.m. with police station Jwalapur, District Haridwar stating therein that P.W. 1 was residing in a house of Sudesh Vashisht as tenant, near Classic Hotel, Yogi Vihar Colony, Jwalapur; on the fateful day at about 04.00 a.m., 8 miscreants entered into the drawing room of his tenanted accommodation, after removing grill from the window; all the miscreants, thereafter, entered into the bed room of his two sons where they were sleeping; miscreants thrashed them and thereafter, overpowered them; brought his younger son Gaurav P.W. 2 to his bedroom wherein he and his wife were sleeping; miscreants pressurized Gaurav to knock the door on the pretext that he was having stomach ache; on this, Gaurav knocked the door and said he was suffering from stomach ache; on this, P.W. 4 wife of P.W. 1 opened the door of bedroom; the moment door of bed room was opened, all the miscreants overpowered P.W. 1 as well as his wife P.W. 4 and pushed all of them into a bathroom attached with the bed room, after tying their limbs, mouths & eyes and had bolted the bathroom from outside; the miscreants had taken one gold ring from his small finger and four gold bangles, ear tops, gold chain, ear rings from P.W. 4 and after breaking the door of Almirah, they had also looted all the jewellery and cash; all the miscreants were between the age of 22 -28 years and they were speaking language like Nepali; the miscreants were armed with country made pistol, iron rod, knifes. P.W. 1 and all the family members, have recognized them in the light and could identify them, if they were produced before them. Having registered the FIR, Investigating Officer commenced the investigation. P.W. 3 Investigating Officer received a secret information while he was on patrolling duty with constable Mohan Rawat that a gang of dacoits was sitting under a bridge near Prem Nagar Ashram and they were planning to commit dacoity and the dacoits were armed with different weapons. Investigating Officer while going to apprehend the dacoits along other police personnel met with another police party comprising SOG Incharge Aishwary Kumar Pal, S.I. K.P. Tamta, Constable Om Pal, Constable Parmendra, Constable Hansveer, Constable Pankaj Kumar, Constable Chandra Prakash, Constable Deepak, Constable Pradeep Rawat, Constable Krishan Kumar, Constable Ashok; P.W. 3 Pradeep Pant narrated the entire secret information to the said police party and thereafter, both the police parties proceeded towards Prem Nagar Ashram. Police party could hear the communications of gang of dacoits sitting under the bridge. Dacoits were telling each other to commit dacoity in new Haridwar colony. Police party raided and apprehended these miscreants at about 11.00 p.m. On search, one country made pistol, one live cartridge of 12 bore, one wrist watch and one SIM card were recovered from Raju Mandal; one country made pistol, one live cartridge of 12 bore and one mobile phone (Nokia make) were recovered from Jaleel; one knife and one cordless phone were recovered from Zaheed; one knife and one wrist watch were recovered from Shakoor; one iron rod was recovered from Somnath alias Santu; one gold ring and one Climax wrist watch were recovered from Rakesh.
(3.) DURING interrogation, Raju Mandal told that wrist watch recovered from him was looted five months ago from Shivalik Nagar and SIM Card was looted by him two months ago from Abhishek Nagar, Kankhal along with other co -accused; Zaheed disclosed that cordless phone recovered from him was looted by him along with other co -accused about two months ago from Kankhal area; Shakoor disclosed that watch recovered from him was looted by him five months ago from Shivalik Nagar along with other co -accused; Somnath told that wrist watch recovered from him was looted by him from Shivalik Nagar along with other co accused; accused Rakesh told that gold ring recovered from him was looted by him from Yogi Vihar, Jwalapur along with other co -accused.;