SOMNATH SHANKAR DHOTRE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the appellant's conviction for the offence punishable under Sections 392 read with 397 of the Indian Penal Code and sentence of rigorous imprisonment for 7 years with fine of Rs. 1,000/- or in default further imprisonment for three months, imposed upon the appellant and co-accused No. 2, after conclusion of Sessions Case No. 536 of 2009, by the learned Additional Sessions Judge, Pune. Facts which are material for deciding this appeal are as under:-

(2.) Learned Additional Sessions Judge, to whom the case was made over, charged the appellant and the co-accused of offences under Section 394, 397, 341 read with Section 34 of the Indian Penal Code and charged the accused No. 4 of offence punishable under Section 411 of the Indian penal Code. Since they pleaded not guilty, they were put on trial at which the prosecution examined in all 7 witnesses in its attempt to bring home the guilt of the accused persons. After considering the prosecution case in the light of defence raised, the learned Judge acquitted accused Nos. 3 & 4 Ganesh Dhanawade and Vikram Kusumbekar and convicted & sentenced the appellant and the accused No. 2 as indicated above. Aggrieved thereby the appellant has preferred this appeal.

(3.) Accused No. 2 is stated to have not preferred any appeal.