NIRANJANSING Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant questions conviction recorded in Sessions Case No. 55/2009 for offense under Section 395 of IPC, directing to undergo rigorous imprisonment for ten years and to pay fine of Rs. 5,000/-; in default, rigorous imprisonment for three months, by order dated 15.9.2011 of the learned Assistant Sessions Judge, Majalgaon, district Beed.

(2.) Complainant Dilip Sabale is PW No. 1. His evidence is corroborated by PW No. 4 Narayan Mali who was vendor himself but, incidentally, in the said night, had rested in Omkar Jewellers, had kept the ornaments at the said shop for safety. Evidence of PW Nos. 1 and 4 is substantially corroborated by PW No. 15 Tukaram Solunke, his son Dilip Solunke, PW No. 13, who are owners of Onkar Jewellers. There was no controversy about five persons sleeping/resting in Onkar Jewellers at the material time in the night of 15.9.2009. PW Nos. 13 and 14 corroborated of receiving phone call of the Decoity and they rushed to the shop. PW No. 6 Arjun Jadhawar had also supported PW No. 1 Dilip as he was in the shop.

(3.) The appellant did not dispute recovery of gold ornaments, referred to above.