PRAKASH @ DAMPA VASUDEV GURAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred under Sec. 374 of Code of Criminal Procedure challenging the judgment and order dtd. 7/11/1996 passed by the Court of Additional Sessions Judge for Greater Bombay in Sessions Case No.1097 of 1989 convicting appellant nos.1 and 2 for offences under Sec. 412 of Indian Penal Code and appellant no.3 under Sec. 414 of Indian Penal Code. The appellant nos. 1 and 2 were sentenced to suffer imprisonment of five years and pay fine of Rs.10,000.00 each. The appellant no.3 was sentenced to suffer imprisonment of two years and pay fine of Rs.10,000.00.

(2.) The appellant no.1 (accused no.3) has expired during pendency of appeal and his appeal stands abated vide order dtd. 31/8/2021. The appellants were arraigned as accused nos.3, 6 and 9 before Trial Court.

(3.) The case of the prosecution is as follows :- PW-1 Smt.Mangala Pradhan is the complainant. On 22 nd November 1988 she was in the house along with her children. On ringing of door bell, the complainant's son opened the door. The person at the door told him that he came from Mazgaon dock with parcel of spare parts. The said person along with others entered their flat. One of them took out knife and pointed it at complainant. Other two persons pointed knife at other children. They were taken to bed room. Their mouth was stuck with tape. The accused demanded keys of safe. Keys were handed over to the accused. They latched the door of bed room and escaped. The complainant and her children invited attention of neighbour. Door was opened. Ornaments were missing. Complaint was lodged. CR No.819 of 1988 was registered for offences under Ss. 395, 397, 347 of Indian Penal Code. Investigation was conducted. Accused were arrested. Statements of witnesses were recorded. Ornaments were recovered. On completing investigation charge sheet was filed.