DNYANESHWAR KARBHARI DONGRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appeal is filed against judgment and order of Sessions Case No. 489/2011, which was pending in the Sessions Court, Aurangabad. The trial Court has convicted and sentenced the appellant for the offence punishable under section 454 of Indian Penal Code. He is sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs. 1000/ -. Both the sides are heard. In short, the facts leading to the institution of the appeal, can be stated as follows: -

(2.) THE thief, the accused tried to ran away by jumping over the compound wall of this house, but he fell from the wall in that attempt. After hearing the shouting of the complainant, some neighbours like Rangnath Mete rushed to the spot. They saw that the accused had fallen from the compound wall and they caught hold of the accused. Accused also sustained injuries due to this fall from wall. Both the accused and complainant were taken towards the office of Village Panchayat and call was given to police.

(3.) THE learned Sessions Judge framed charge for aforesaid offences. The accused pleaded not guilty. The accused took the defence of total denial. The trial Court has believed the first informant and his neighbour Mete (PW 2). The trial Court has considered other circumstances like that accused was caught red handed by the villagers of the village of the first informant and that the accused sustained injuries in that incident. The circumstance that complainant sustained injury is considered as piece of corroborative evidence. The trial Court has acquitted the appellant/accused of the other offences and he is convicted only for offence punishable under section 454 of I.P.C.