SURENDRA KUMAR, J. - (1.) THE two appellants Imtyaz and Mumtaz have filed the aforesaid appeals challenging their conviction and sentence recorded by the Additional Special Judge (D.A.A.) Jalaun at Orai in S.T. No. 82 of 2002-State v. Iqbal and others, relating to Crime No. 30 of 2002, under sections 395/3971.P.C., Police Station Kuthaund, District Jalaun, vide judgment and order dated 5.2.2007. Both these appellants have been convicted under section 395 read with section 397 I.P.C. by the impugned judgment and each of them has been sentenced to 10 years Rigorous Imprisonment with fine of Rs.10,000/- and in default of payment of fine, each of them has been sentenced to two years additional Rigorous Imprisonment. THEse two appeals are taken together and being decided by the common judgment as they relate to same offence.
(2.) AS per the prosecution case, in the intervening night of 20/21.2.2002, both these appellants and one Iqbal had entered the house of the complainant Rameshwar Dayal Gupta @ Kallu, PW- 2, after breaking open the door of the house had woken up the family members sleeping inside the house and snatched the keys of the almirah from the sons of the complainant and looted VCP, gold ornaments weighing around 200 grams, jewellery and other utensils from the house and caused the injuries to the first informant PW-2 and his son Neeraj Kumar PW-1. Both these appellants were identified by Neeraj Kumar, PW-1 and his brother Akhilesh at the time of alleged dacoity in the light of electricity, which was available inside the house and in the courtyard also. The F.I.R. of the incident of dacoity was lodged on 21.2.2002 at 2.30 A.M. within two and half hours under the aforesaid sections by PW-2, naming both the appellants and one Iqbal as dacoits in the F.I.R. The F.I.R. clearly depicts that these appellants were fully identified while they were abusing in filthy language to the family members of the complainant. Ex. Ka-3 is the recovery memo of articles looted by the appellants. Ex. Ka-2 is the memo of recovery of iron rods used by the appellants at the time of occurrence and in causing the injuries to the complainant and other family members. The complainant Rameshwar Dayal Gupta, PW-2 and his son Neeraj Gupta PW-1 had sustained injuries in the said incident and the injury reports were prepared and proved by the doctor before the Trial Court. The appellants were charged under section 395 I.P.C. read with section 12/14, Dacoity Affected Areas Act and also under section 397 I.P.C. by the Trial Court. The appellants pleaded not guilty to the charge and claimed to be tried the said charge.
(3.) THE prosecution examined Neeraj Gupta, PW-1, who is the injured witness and son of the complainant, and Rameshwar Dayal Gupta, PW-2 who is complainant and injured witness in the eye witness account. The Investigating Officer Amar Singh Yadav, PW-3 has been examined by the prosecution to prove the investigation and Ex. Ka-3, who recorded the statements of the witnesses including the injured witnesses and made most part of the investigation. It is apparent from the testimony of PW-3 that in the said dacoity, looted articles were recovered from the appellants and the injured Neeraj Gupta was unconscious at the relevant time.;