Ramesh Sinha, J. - (1.) All the aforesaid three appeals have been preferred against the impugned judgement and order dated 22.7.2014 of the trial court passed in Sessions Trial No.592 of 2007 arising out of case crime no.158 of 2006, P.S. Kotwali, Mathura under Section 395, 212, 216A, 412, 489-C IPC by which the trial court had tried the appellants Ram Babu S/o Risal Singh, Smt. Sunita @ Anita w/o Gyan Chandra @ Khan Chandra, Sunil @ Bunty, S/o Chahua Ram and Gulab Singh S/o Panna Lal under Sections 395, 212, 216-A, 109, 412, 489-C IPC and acquitted them under all the aforesaid offence except the appellant Smt. Sunita @ Anita and Sunil @ Bunty who have been convicted and sentenced by the trial court for the offence u/s 412 IPC only against which both the appellants have preferred aforesaid two criminal appeals against their conviction whereas other two accused Ram Babu and Gulab Singh who have been acquitted for all the aforesaid charges, the State has preferred the aforesaid Government Appeal and also challenged the acquittal of Smt. Sunita @ Anita and Sunil @ Bunty under Sections 395, 212, 216-A, 412, 395/109 and 489-C IPC., hence all the aforesaid three appeals are being decided by this common judgement.
(2.) Heard Ms. Archana Singh, learned AGA for the State, Sri Prabhat Kumar Srivastava, Kailash Prasad Pandey, Mohd. Kalim and Shams-Us-Zaman, learned counsel for the accused-respondents and perused the record.
(3.) The prosecution case in brief is that the informant Mahesh Chand Bansal has given a written report stating that he is having a shop by the name of R.B. Jewellers at Agra road near Apsara Cinema Hall in district Mathura. He along with his employee Rajiv Chaturvedi was sitting in his shop and at about 1.15 p.m in afternoon, five boys between 25 - 35 years were seen entering in his shop for the purpose of purchasing and they asked to show Bracelet etc. When he was talking to them, then out of them, two miscreants took out a revolver and pointed out to him for threatening him to kill and drag his employee to the strong room which was inside the shop and rest of the three miscreants took out the entire gold and silver ornaments from the counter of the shop etc. and kept it in a black airbag which they had brought along with them and further they entered the strong room and also started keeping gold and silver ornaments in the airbag. At that moment one businessman Awadhesh Bansal whose shop is next to the informant and the said shop is of his younger brother, the employee namely Ashok suddenly came in the shop on which the miscreants had dragged him also to the strong room and all the three persons were locked in the strong room by bolting from outside and all the jewellery were looted by the miscreants and when they locked the strong room, his younger brother Awadhesh Bansal whose shop was next to the shop of the informant came from his shop and he opened the strong room. The informant stated that he could recognize the miscreants and can identify them. He further stated that he was so much horrified that he was not able to give the value of the ornaments which have been looted and would give the same afterwards and his ornaments which were looted were of several lakhs. The said information was given by him to the concerned police station for necessary action. On the basis of the written report, Ext.Ka-1 on 6.4.2006 at about 13.15 p.m., an FIR was registered at police station Kotwali, district Mathura as case crime no.158 of 2006 u/s 395 IPC. The Investigating Officer Dilip Singh who was the Station Officer was entrusted with the investigation of the case and he had interrogated and taken statement of the witnesses u/s 161 Cr.P.C and further visited the place of occurrence and prepared the site-plan. After completing the investigation, he submitted charge sheet against the accused-appellants Ram Babu, Smt. Sunita @ Anita, Sunil @ Bunty and Gulab Singh on 13.10.2006.;