SANDESH ROKDE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These appeals have been preferred against the judgment of conviction and order of sentence dated 25.4.2018 passed by the learned Additional Sessions Judge, Dhamtari, District- Dhamtari, Chhattisgarh in Sessions Trial No.17/2017 convicting and sentencing appellants as under:-

(2.) The prosecution case, in brief, is this that on 4.6.2016 at about 2:20 - 2:50 a.m. past midnight, 6 to 7 unknown culprits committed house trespass into the house of complainant Dr. S.K. Saha, threatened complainant and his wife on the point of weapon made of iron and committed loot of cash and other articles worth Rs.6,90,000/- from their possession. FIR Ex.P-4 was lodged in police-station-City Kotwali, Dhamtari and accordingly the offence was registered. During investigation, appellant Prakash Chandan Solanke was apprehended and interrogated, who made a statement on memorandum admitting his guilt, that cash amount, jewelery of gold, silver looted from the complainant were kept in possession of appellant Santosh Rokde. Accordingly, seizure of articles were made from appellant Santosh Rokde. After completion of investigation, charge-sheet has been filed.

(3.) Appellants Prakash Chandan Solanke, Anil @ Anya Piple and Biru Chouhan were charged with the offence under Section 412 of IPC. They abjured their guilt and sought trial. The prosecution in order to prove its case examined as many as 30 witnesses. Statements of appellants were also recorded under Section 313 of CrPC, in which they denied all the incriminating evidence available against them and pleaded innocence and false implication. No witness was examined in defence.