Gopal Krishan Vyas, J. - (1.) BOTH the above criminal appeals are arising out from the judgment dated 7.9.2010 passed by the learned Sessions Judge, Special Judge SC/ST (Prevention of Atrocities Act) Cases, Pratapgarh (Raj.) (hereinafter referred to as the learned trial court for short) whereby the learned trial court acquitted the accused appellants from the offence under Section 398 IPC but convicted them for offence under Sections 395, 397, 458 and 120B IPC and passed the following order of punishment which reads as under:
(2.) AS per the facts of the case on 23.2.2009 the complainant Devendra Kumar PW -3 filed a written report at Pipalkhut Police Station, District Pratapgarh to the effect that in the night of 23.2.2009 at about 3.30 am he heard noise of crying from the house of his neighbour Narain son of Rama. Upon that he came out from the house and saw that 3 -4 persons were coming out from Narain's house and entered in his house and looted the ornaments of his wife as well as cash and upon hue and cry they assaulted him, at that time, one Rama S/o Gautam came on the spot, thereafter, they entered in the house of Rama and looted the ornaments of Rama's daughter, wife and Nokia mobile phone bearing No. 9983415387 and assaulted them. Upon aforesaid complaint the FIR bearing No. 37/2009 was registered under Section 458 and 380 IPC by the SHO Police Station Pipalkhut and after investigation the accused appellants were arrested and on the basis of identification of accused appellants by the witnesses through identification parade and after recovery of articles, a charge -sheet was filed against the accused appellants under Section 458, 395, 397 and 120B IPC while keeping the investigation pending against the accused Raju and Subhash Jain under Section 373(8) of the Cr.P.C. The challan was filed in the court of ACJM, Arnod from where the case was committed to the court of Sessions Judge, Pratapgarh but later on the Sessions Judge, Pratapgarh transferred the case in the court of Addl. Sessions Judge -cum Special Judge (SC/ST Atrocities Act) Cases, Partapgarh for trial.
(3.) THE learned trial court after framing charges against the accused appellants for offence under Sections 120B, 458, 395, 397 and 398 IPC commenced the trial.;