Bhanwaroo Khan, J. - (1.) JAIL appeal bearing No. 622/2005 by Mahendra Murarai @ Babu, Nayan Boss and Sunil Boss, and Jail appeal bearing No. 577/2005 by Girish Chandra Boss and Shatrudhan @ Chandan against the judgment dt. 31.03.2005 passed by the Special Judge (Satti Niwaran) & Additional Sessions Judge, Jaipur, whereby all accused -appellants have been convicted for the commission of offence under Section 395, 397, 120 -B of the I.P.C. and under Section 3/25 and 4/25 of the Arms Act, against which judgment they have preferred these appeals through Central Jail, Jaipur.
(2.) SINCE , both the jail appeals, arise out of the same judgment, therefore, they are being disposed of by this common judgment. The prosecution case unfolded is as follows:
(3.) ON 09.05.2002 at about 10.40 P.M. one Harshvardhan (PW -1) lodged a written report at Police Station Kotwali, Jaipur stating therein that when he was returning from M.I. Road, after getting repaired tape -recorder of his car, he received a telephonic call from his wife informing him to come early as four -boys armed with deadly weapon forcibly entered into the house. After some time they tied her with telephone wire, put knife on the neck of his child and took away Rs. 40,000/ -, along with artificial jewellery and cell phone. Out of these four boys, one pushed his wife, resulting into the injury sustained by her.;