YOGENDRA KUMAR SRIVASTAVA,J. - (1.) This appeal is before us to challenge the judgment dated 27th August, 2018 passed by the learned Additional Sessions Judge, Court No.3, Mathura in S.T. No. 441 of 2007 (State vs. Mahesh and others), P.S. Farah, District Mathura. By the judgment impugned, learned trial court acquitted the accused-respondents Mahesh, Dinesh, Kailash, Pancham @ Pancho, Pintu and Bhoora from the charges relating to commission of offence under Section 396, 120B of the Indian Penal Code. The trial court also acquitted the accused Kailash and Pancham from the charge relating to commission of offence punishable under Section 412 of Indian Penal Code.
(2.) The entire matrix, necessary to be noticed, is that at the instance of one Ghanshyam s/o Late Onkar Prasad, a first information report was lodged at police station Farah, District Mathura on 16.02.2006 with an assertion that on the same day at about 6.30 p.m. while returning home from the shop with his son Ravi, who was carrying a bag containing ornaments at a distance of some steps, opposite the residence of Sri Madan Mohan Agrawal, in front of the post office street, 3-4 unknown miscreants came and caused a fire arm shot to Ravi and fled from the spot after snatching the bag containing ornaments. All the 3-4 miscreants were young and the bag was containing half kilogram of gold ornaments, and silver ornaments weighing 8- 10 Kg and a cash of 20-21 thousand rupees. The incident aforesaid was witnessed by Daya Ram s/o Kali Charan and Laxman s/o Late Sri Ram Swaroop and several others, who could identify the accused persons, upon being produced before them.
(3.) On the basis of the information given, a case was lodged for commission of offence under Section 394 of Indian Penal Code and the investigation commenced as usual. An application, then, was submitted by the informant Ghanshyam Verma stating therein that his son, who suffered fire arm injury had died on 19th May 2006 during the course of treatment. It was further stated that the crime in question was committed by Mukesh s/o Kartar Singh, Mahesh s/o Hakim Singh Farah, Hakim Singh, Farah, Banti s/o Bhagwan Das. The investigating agency, acting upon the application given by Ghanshyam Verma made recovery of certain articles. At the instance of accused Mahesh and Dinesh certain other articles were recovered and at the instance of the accused Pancham and Pintu on 14.08.2006 certain articles were also recovered. The Investigating agency after completing the investigation filed a police report before the competent court for the offences under Sections 394, 302 and 411 of Indian Penal Code read with Section 120B IPC.;