VASUDEO SHANKAR RAJPUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal arising out of the judgment and order passed by the Sessions Judge, Raigad-Alibag (Shri S.D. Mohod) in Sessions Case No.137 of 1996 convicting the Appellants (original accused nos. 2 and 5) for the offence punishable under Sections 396, 395 and 342 of IPC.

(2.) THE important facts of the prosecution case may be briefly stated as under : One Prabhakar Shahasane during the relevant time lived in village Sapoli, Taluka Pen, District Raigad, along with his wife Nirmala, daughter Jyoti and son Deepak. Prabhakar Shahasane opened one grocery shop in one part of the residential house. All the family members used to help Prabhakar Shahasane in carrying on grocery business. On the day of incident i.e. on 27-9-1995, deceased Prabhakar Shahasane after taking meals, was present in the house along with his family members, except his son Deepak, who had gone to Pen to attend Navrati festival. After watching T.V. programme, deceased Prabhakar Shahasane, his wife Nirmala and daughter Jyoti slept. At about 12-00 p.m. in the midnight all of them got up from sleep son hearing the sound of stone struck against the door of the house. Prosecution witness Jyoti immediately switched on lights in the house. Prabhakar Shahasane went towards the door of house in order to close the door from inside. At that time number of persons entered in the house. One of them inflicted blow of Parshi on the head of Prabhakar Shahasane and on receiving the said blow the Prabhakar Shahasane fell on the ground and his daughter Jyoti, prosecution witness went to the rescue her father. At that time one another person from the gang also given blow of Parshi on her head. The other persons removed ornaments from her person. In the meantime prosecution witness Nirmala was also assaulted by these persons and ornaments were removed from her person. The prosecution witnesses who sustained injuries then raised cries for help. The persons in the neighborhood immediately rushed on the spot of incident and by that time all the dacoits ran away from that place. P.S. Jadhav recorded the statement of Jyoti Shahasane and offence under Section 396, 395 and 342 of IPC had at Crime No. I-143/95 was registered against all these Persons.

(3.) AS the offences under Section 396, 395 is exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions and directed the Appellants and other persons to appear before the Sessions Court to face their trial.