JAGAT SINGH, J. - (1.) THIS appeal has been filed under Sub -section (2) of Section 371 Cr.P.C. against the judgment and order dated 29th April, 2000, delivered by learned Addl. Sessions Judge, No. 1, Bhilwara, by which these four appellants were convicted under Section 395, I.P.C. and each of them has been sentenced to 5 years rigorous imprisonment along with fine of Rs. 1000/ -. Aforesaid judgment has been assailed herein by filing this appeal.
(2.) I have heard at length learned Counsel for these accused appellants Shri B.N. Kalla as also learned Public Prosecutor and have perused the judgment as also evidence available on the file. A perusal of the file reveals that at 10:30 AM on 13.6.1998 in Bhilwara City, at a shop named Rishabh Motors, PW -3 Deepak, aged about 12 years was sitting and his father Chand Mal was out of shop. A little time before one Dinesh came there and handed over Rs. 25,000/ -to Deepak to be handed over to his father, which the latter put in a bag, Article -1 and thereafter placed the same in drawer of the table. At about 10:35 AM, some 5 -6 persons barged into the shop on the pretext of purchasing oil but instead pushed Deepak and snatched the bag Article -1 containing Rs. 25,000/ - and ran away. Upon raising hue and cry, some neighbouring persons chased the accused appellants and caught hold at some distance Jagdish, Bagga and Nanda and brought them to the shop. In the meantime, Chand Mal also arrived at the shop along with some other persons. He then lodged written F.I.R. Ex.P.5 at 11:30 AM in Kotwali, Bhilwara, along with above 3 accused appellants, caught red -handed.
(3.) DURING investigation, Rs. 10,000/ - were recovered on the disclosure statement given by Ramesh, from possession of Smt. Mangi. Both of them have been acquitted by the trial court.;