VIJAY UTTAMLAL CHAUDHARY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant is hereby assailing the correctness, propriety and legality of the judgment and order of conviction and sentence passed by Additional Sessions Judge for Greater Bombay in Sessions case No. 1125 of 1995 wherein the applicant has been convicted for an offence punishable under the provisions of Sections 452 read with 34 of IPC, 392 read with 34 of ipc, 394 read with 34 of IPC and Section 392 read with Section 397 of IPC.

(2.) THE prosecution case in brief is that on 5-6-1995 at about 3. 10 p. m. complainant Satyabhama Bansal was alone in her house as her husband and son left for business purpose and domestic servant Sitaram had left at 3. 00 p. m. after finishing his job. At 3. 10 p. m. somebody rang the bell and on account of that the complainant Satyabhama saw as to who he was by opening the chain and bit of door. The appellant Vijay was accompanied by three persons. Appellant Vijay was working as a domestic servant with Satyabhama prior to said day. Satyabhama did not open the door. Therefore those persons bolted in with violence. They assaulted Styabhama with knife and glass pane causing her injuries. Satyabhama escaped from their clutches and went inside the bathroom. But before that Vijay had snatched out the keys of the cupboard where the ornaments and cash were kept. Satyabhama was inside the bathroom for some time till she was rescued by her mother-in-law and others. But before their arrival, Vijay and his associates, as per the prosecution case, had left her house after taking away her ornaments and cash. These ornaments were: 1 golden chain, 2 golden ear-rings, 1 silver ear-ring and cash which was approximately Rs. 500-700. Satyabhama was taken to Jaslok Hospital where she was medically treated. Thereafter she ascertained as to what was stolen and F. I. R. was lodged.

(3.) DURING the investigation, police raided the hut of the appellant and seized a golden ear-ring from his pocket. Police seized golden chain Article 1, one single ear-ring Article 4 from his possession as said articles were mortgaged by appellant Vijay with pw-7 for a sum of Rs. 7,400/- by telling witness PW-7 Harshad Mohanlal Chopra that his mother was ill and he was in dire need of money. From the scene of offence a shirt alleged to have been belonging to the appellant was seized. It was blood stained. Seizure of ornaments from appellant from his hut, from Harshad Chopra from his shop and blood stained shirt belonging to the appellant from the scene of offence, all was done by police under panchanamas. Investigation ended in filing of the charge-sheet against the appellant which led to trial, which ended in order of conviction and sentence which has been assailed by this appeal.