VISHWANATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The revision is filed against judgment and order of Criminal Appeal No. 12/2005, which was pending in the Court of Additional Sessions Judge, Hingoli. The appeal was filed to challenge the decision of Ad-hoc Assistant Sessions Judge, Hingoli given in S.T. No. 55/2004. The Assistant Sessions Judge has convicted and sentenced the appellant for offence punishable under section 394 r/w. 34 of Indian Penal Code. This decision is confirmed in appeal. During the pendency of the appeal before the Sessions Court, the appellant No. 2 died. Both the sides are heard. The original papers arc perused by this Court. The papers show that the incident took place on 22.7.2004 at about 9.00 p.m. On that day, complainant Ambadas had gone to village Pankanergaon for making some purchase in weekly bazar. He had taken with him the amount of Rs. 5500/-. From this village, he was returning to his village Sengaon. He travelled in a jeep up to Khairkheda-pati and there he alighted from the jeep. From this spot, he was to walk the remaining distance. He has made allegations that both the accused, who were known to him, came there and they first pelted stones at him and then they assaulted him and forcibly took the amount of Rs. 5,000/-, which was with him. It is his case that he had already spent amount of Rs. 500/- for making some purchases.

(2.) It is the case of complainant that he started shouting and after that, some persons of Sengaon like Shamrao and Shivaji came there. He disclosed the incident to them. These persons called the wife of the complainant to the spot. The wife took the complainant to Risod Hospital. From there, the complainant was shifted to Sengaon Government Hospital by police. His report was recorded in Sengaon Hospital and on the basis of this report, crime at C.R. No. 50/2004 came to be registered in Sengaon Police Station for offence punishable under section 394 of I.P.C. at about 3.00 hours of 23.7.2004.

(3.) Police collected M.L.C. and it showed that complainant had sustained atleast two fracture injuries. Police visited the spot and they prepared the spot panchanama. Some blood was found on the spot, but nothing was taken over from the spot. Both the accused came to be arrested on 23.7.2004 itself. Accused No. 1 - Vishwanath, present petitioner, gave statement under section 27 of the Evidence Act to police on 27.7.2004. He then took police and panchas to his house and from there, he produced the cash amount of Rs. 2500/-. Similar statement was given by the deceased accused on 28.7.2004 and he also produced the cash amount of Rs. 2500/- from his house. Separate panchanamas came to be drawn in respect of these incidents.