ASHOK SURYABHAN KALE Vs. STATE

JUDGEMENT

(1.) The appeal is filed against the judgment and order of Sessions Case No. 2/1993 which was pending in the Court of Additional Sessions Judge, Aurangabad. Both the appellants are convicted for offences punishable under sections 411 and 412 of the Indian Penal Code. Both the sides are heard.

(2.) In short, the facts leading to the institution of the appeal, can be stated as follows :-

(3.) P.S.I. Gaikwad made initial investigation in this case. During investigation of C.R. No. 180/1991 which was registered at Vaijapur Police Station for offence under section 397 of I.P.C., stolen property from the present case was recovered. Statements were given by two persons like Jaisingh Kale and Pratap Bhosle, the two accused from the case registered for offence of dacoity and on the basis of those statements, stolen property was recovered from the houses of the present applicants. On 5.12.1991 Shobhabai identified the property which was stolen from her house and then P.S.I. Gaikwad gave report against the present appellants Ashok and Bhausaheb. As offence punishable under section 412 of I.P.C. is triable by Sessions Court, the case was committed to the Court of Sessions.