STATE OF MAHARASHTRA Vs. ASHOK SURESH LAXMAN BABAR

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the Appellant-State against the judgment dated 4th August, 1998 passed by learned Additional Sessions Judge, Greater Mumbai in Sessions Case No.330 of 1997 whereby the respondentaccused No.1 has been acquitted of the charges under section 109 read with 451 and 392 and accused Nos.2 to 4 have been acquitted of the charges under sections 451 read with 34, 392 read with 34, 397 and 394 of Indian Penal Code.

(2.) Briefly stated the prosecution case is that on 28/09/1996 the informant along with his servants, namely, Shyam Narayan Rampyare Gujar and Vijaya Uday Belose was present in the house. At about 8.10 pm somebody ranged door-bell and on opening the door, he found three unknown persons were standing there. One of them told informant that they have been sent by one Ashok and they inquired whether the work pertaining to curtains is required to be done. The informant replied that he does not know any person by name Ashok and that no work of curtain is to be done. According to the prosecution one of the person then demanded glass of water and the same was given by servant Ram Narayan. The person after taking water went into kitchen for keeping the glass. The prosecution alleged that at that time another person took out knife and gave blow from blunt side of knife on informant's head and also closed the door from inside. The prosecution further alleged that another person made him sit on sofa in the hall and by that time next person took bedsheet from sofa, tore it and tied hands and legs of the informant. Similarly, the servants Shyam Narayan and Vijaya were tied. They were also gagged.

(3.) The prosecution then alleged that all of them entered the bedroom and removed various articles like wrist watches, ornaments and cash amount worth Rs.2,35,000/- and they went away by bolting door from outside. Later on, the informant untied himself and called watchman and liftman.