DILIP RAMA KORDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the conviction of the appellant recorded by the Additional Sessions Judge, Pune, for the offences punishable under Sections 394 and 392 read with section 397 of the Indian Penal Code and sentence of rigorous imprisonment for 9 years with fine of Rs. 5,000/- or in default rigorous imprisonment for one year, imposed upon the appellant on each of the two counts, on the conclusion of Sessions trial No. 185 of 2008, before him. Facts which are material for deciding this appeal, are as under:-

(2.) The complainant Jiyaram Chaudhari was running jewellery shop by name "OM Jewelers," at Dhankawadi, Pune. On 11th July, 2007, at about 8.30 p.m., he started closing his business and asked Dinesh his nephew to pull down the shutter. At that time the appellant accompanied by two other miscreants entered the shop armed with revolver. They fired at the shop keeper and asked Jiyaram and Dinesh to stand still. Thereafter they placed ornaments and silverware in a black bag. One of the miscreants had gone outside the shop and thereafter the other two left. The complainant Jiyaram raised cries and after opening the shutter chased the miscreants. The chase was joined by several others. The miscreants ultimately reached Balaji Nagar square where one Dr. Desale had stopped his car. His wife was at the steering wheel and he had gone to take recharge coupon for his mobile phone. The miscreants entered the car and wanted to hijack it, but since persons in chasing started pelting stones, two of the miscreants took to heels. The appellant was allegedly caught by the mob. A police officer, who had received information on mobile phone had also joined the chase. The appellant was taken to nearby police out post at Bharati Vidyapeeth campus. Search was taken and 12 items of ornaments each comprising of several pieces and cash amount of Rs. 1,250/- was seized from the bag of the appellant alongwith revolver. The complainant had in the meantime lodged a report at which an offence was registered. The complainant as well as the appellant were sent for the Medical Examination and for treatment, since the complainant had a gunshot wound and appellant had injuries on being thrashed.

(3.) The police recorded panchnama of spot, arrest panchnama of the accused, seized his blood stained clothes and on completion of investigation sent the chargesheet to the Court of Judicial Magistrate First Class, Pune. The learned Magistrate committed the case to the Court of Sessions at Pune.