TIRUPATI UMARSING NEGI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants were tried in the Court of Sessions for Greater Bombay, Bombay, in Sessions Case No. 1082 of 1992 along with two others for Offence under section 120-B and Section 452 of the Indian Penal Code for hatching a plan and entering into a criminal conspiracy to commit dacoity by illegally entering into the premises of the complainant. They were also charged under section 396 of the I.P.C. for conjointly committing dacoity and murder By his judgment and order dated 16th, 19th and 21st August, 1995, the learned Sessions Judge convicted the appellants u/s 396 of the Indian Penal Code and sentenced them to suffer life imprisonment. The other two accused were acquitted.

(2.) BEING aggrieved by the said Judgment and Order Criminal Appeal No.807 of 1997 is preferred by Tirupati Umersingh Negi @ Rajput, original accused No.2 and Criminal Appeal No.15 of 1999 is preferred by Shankar @ Odayya Bhumayya Lachhetti, original accused No.1. For the sake of convenience the appellants are referred to as per their status in the trial Court.

(3.) COMPLAINANT P.W. 1 Dhanraj Shah is a resident of Flat No.402 Mehul Apartment, Dambar Galli, Peddar Road, Bombay. He used to reside in the flat along with his two daughters and wife, deceased Mridula. The complainant is serving as Development Officer in United India Development Corporation. His office hours are 10 a.m. to 5 p.m. on each working day. He used to return to his residence at about 1-30 p.m for taking his lunch.