Ram Krishna Gautam, J. - (1.) This Appeal, under Section 374 (2) of Code of Criminal Procedure, 1973 (In short hereinafter referred to as ''Cr.P.C.'), has been filed by the convict-appellants, Arvind Parmar @ Bunty Raja, Rajan @ Rajendra, and Raheem Khan, against the judgment of conviction, dated 04.08.2018 and sentences awarded therein, by the Court of Additional Sessions Judge/Special Judge (U.P. Dacoity Affected Area), Lalitpur, in Sessions Trial No. 25 of 2013 (State vs. Arvind Parmar @ Bunty Raja and others), arising out of Case Crime No. 1150 of 2012, under Sections 457, 380, 411, 413 of Indian Penal Code (Hereinafter in short referred to as ''IPC'), Police Station- Kotwali Lalitpur, District Lalitpur, whereby convict-appellants, Arvind Parmar @ Bunty Raja, Rajan @ Rajendra and Raheem Khan, have been sentenced with seven years' rigorous imprisonment and fine of Rs.10,000/-, each, under Section 380 IPC, and twelve years' rigorous imprisonment, with fine of Rs.20,000/-, each, under Section 457 IPC and rigorous imprisonment of three years, with fine of Rs.5,000/-, each, under Section 411 of IPC. In case of default of deposit of fine of Rs.20,000/-, they will have to serve one year's additional simple imprisonment, in case of default of deposit of fine of Rs.10,000/-, they will have to serve six months' additional simple imprisonment and in case of default of deposit of fine of Rs.5,000/-, they will have to undergo three months additional simple imprisonment, with a further direction for concurrent running of sentences and adjustment of previous incarceration, if any, in this very case crime number, with this contention that the Trial court failed to appreciate facts and law placed before it and the judgment of conviction and sentence, awarded, therein, is illegal, perverse and against the weight of evidence on record. It was passed on the basis of surmises and conjectures.
(2.) The occurrence of theft had been said to have taken place in the night of 10.06.2012 and a first information report was lodged on 11.6.2012 as Case Crime No.1150 of 2012, under Sections 457, and 380 IPC, Police Station- Kotwali, Lalitpur, District Lalitpur. Subsequently, arrest of Arvind Parmar @ Bunty Raja, appellant no.1, Jeetu Parihar, Rajan, appellant no.2, and Naval Ahirwar, was shown to have been made by the Police on 14.8.2012, whereas Shivam Tiwari, Arvind Pal and Raheem Khan, appellant no.3, said to have fled from the spot. Recovery of golden ornaments and cash, was said to have been made from joint possession of arrested accused persons. Though the occurrence was said to have occurred on 10.06.2012, and first information report was lodged on 11.6.2012. PW-2, Sunit Kumar, had stated that the arrest of appellant nos. 1 and 2 was made on 14.8.2012 and alleged recovery was said to have been made from them, while appellant no.3 was said to be absconded, whereas it was a false recovery and false implication. Hence, this Criminal Appeal with above prayer.
(3.) Heard Sri Nanhe Lal Tripathi, learned counsel for the appellant and learned AGA, appearing for the State and gone through the impugned judgement as well as record of the Trial court.;