MULANI DAWOOD HUSAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellants (Original Accused nos.1 to 6, 9 and 11) herein are convicted of the offence punishable under sec. 364 (A), 386, 347, 506 (II) read with 120(B) of Indian Penal Code and sec. 395 read with sec. 397 and 120 (B) of Indian Penal Code and they are sentenced to suffer for life and fine of Rs.1000.00 (each), in default, to suffer further rigorous imprisonment for six months vide judgment and order dtd. 23/8/2016 in Sessions Case No. 26 of 2013 passed by the Additional Sessions Judge-1, Niphad, District-Nashik. Hence, these appeals.

(2.) Such of the facts necessary for the decision of this appeal are as follows:-

(3.) The case of the prosecution is unfolded by PW.11. He has proved the contents of First Information Report, which is at Exhibit-133. According to him, on 19/12/2012, his brother had not returned. He searched for his brother but to no avail. His son Yogesh had informed him that although Shankarlal is not in the office, the lights and the fans were not switched off and that his motorbike was missing. Subsequently motor-bike was found parked behind the last godown. PW.11 had then reported to Pimpalgaon police station.