SADASHIV KRISHNA SHETTY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) NONE present for the appellant. Shri Adsule, A. P. P. for the prosecution. The appeal pertains to year 1998 and accused are in jail. Therefore, this appeal which has been listed in the daily board is being decided finally.

(2.) THE appellant Sadashiv Krishna Shetty is hereby assailing correctness, propriety and legality of the judgment and order passed by the Additional Sessions Judge for Greater Bombay in Sessions Case No. 145 of 1995, whereby the learned Judge had convicted the appellant for committing the offence punishable under the provisions of Section 397 r/w Section 34 of Indian Penal Code and sentenced him to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 500/- in default to suffer further R. I. for 7 days. The learned Additional Sessions Judge also convicted the appellant for the offences punishable under Sections 452 and 392 read with Section 34 of Indian Penal Code but no separate sentence has been inflicted on him.

(3.) THE prosecution case in brief is that on 23-7-1994 at about 10. 45 p. m. the appellant and his associates made entry in the shop owned and possessed by P. W. Mohammed Madni Musa Supariwala and Abba Musa Supariwala and by showing them arms like chopper and revolver, they looted them of cash of Rs. 81,000/ -. The F. I. R. was lodged by Mohammed Madni Musa Supariwala in the police station and investigation started. The appellant and his associates were caught. They were put to identification parade which was held in the police station. P. W. Mohammed Madni Musa Supariwala identified the appellant as one of the culprits. The learned Judge after accepting the evidence of Mohammed Madani Musa Supariwala, his father Abba Musa Supariwala, Special Executive Magistrate Moreshwar Thakur and Manohar Pujari passed the said order of conviction and sentence.