RAJKUMAR ASARAM GUPTA AGE 23 YEARS OCC LABOUR R/O NEAR SANTOSHI Vs. STATE OF MAHARASHTRA AT THE INSTANCE OF P S O PANCHAVATI P S NASHIK

JUDGEMENT

(1.) HEARD Mr. Chomal for the appellants original accused Nos. 2 and 3, and Mr. Pravin Singhal, learned APP for the State.

(2.) APPELLANTS before this court are original accused Nos. 2 and 3. Accused Nos. 2 and 3 have been convicted under Section 392/397 of Indian Penal Code and have been sentenced to R. I. for 10 years and fine of Rs. 500/- in default R. I. for one month. They are also convicted under Section 454 of Indian Penal Code and sentenced to suffer R. I. for 10 years and fine of Rs. 500/in default R. I. for one month. They are further convicted under Section 3/25 (1) of Arms Act and sentenced to suffer R. I. for one year and fine of Rs. 500/- in default R. I. for one month.

(3.) PROSECUTION case in brief was as under: Complainant Harilal Jethava had a house in Vijay Nagar, Nashik. In fact he had three houses on plots bearing No. 25, 26 and 27. He was residing in a house situate on Plot No. 27 with his wife, and his daughter was residing in a house situate on Plot No. 26. On 19. 9. 1995 Mira - the daughter of the complainant at about 1 p. m. had gone to the house of one Mohanbhai for meals. She had locked her house. After taking meals she was returning to her house. She went to another house of her father situate on plot No. 25. At that time Prashant Patwardhan (P. W. 7) informed Harilal that some persons had entered the house of his daughter and one person was standing in front of House No. 26. Two motorcycles were there in front of that house. Thereafter, Harilal went to the house of his daughter Mira, saw those unknown persons and motorcycles. He questioned the unknown person, unknown person started running away. Harilal tried to catch him. In the meanwhile three unknown persons came out of the house of Mira and they started running. Harilal also tried to catch them but they pushed him. In the meantime Prashant Patwardhan arrived there. He tried to nab them. There was a scuffle between him and those 3, one of the thieves was having a revolver and other was having a knife. One of the thieves was trying to start motorcycle, when Prashant Patwardhan pushed him and at that time one of the thieves who was running fired two rounds of the revolver. Out of those two rounds, one round hit witness Sachin causing bullet injury to his hand but even then the witnesses were successful in catching accused No. 2 Rajkumar who was having knife in his hand. On hearing shouts residents of the locality gathered and in the meantime police had also arrived there. Police took Rajkumar Gupta - Accused No. 2 to the police chowky and other accused i. e. original accused No. 1 was also nabbed. In the search of original accused No. 1 revolver was found with three rounds, the gold rings and wrist watch were also found, and from the search of accused No. 2 Rajkumar Gupta a Rampuri knife,, gold mangalsutra, gold bangles, silver bangles, ear rings and one wrist watch were found and the same were seized by the police under panchnama. P. I. Kale (P. W. 12) recorded the complaint of Harilal vide Exhibit 21. Then scene of offence panchnama was made in the house of Harilal. Motorcycles were seized under Spot Panchnama Exhibit 23. Sachin (P. W. 5) witness injured by bullet was treated by doctor, and both the accused i. e. original accused Nos. 1 and 2 were also referred to the hospital as they had sustained injuries. Complainant Mira identified the ornaments which were recovered from both the accused.