SANDIP HARIDAS MANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/original accused no.1 in Sessions Case No.172/2004 has appealed against the judgment and order dated 30/04/2007 passed by the learned Ad-hoc Additional Sessions Judge-4, Kolhapur, convicting and sentencing him for commission of offences as under:- <p><table class = tablestyle border="1" align="center" cellpadding="1" cellspacing="1" style="font-family:Verdana"> <tr> <td width="47" valign="top"><p align="center"><strong>S.No.</strong>

(2.) According to the prosecution, the appellant was well acquainted with injured victim PW24 Geetanjali, residing adjacent to his house until herself along with husband Santaji Jadhav and their daughter Neha of age 5 months shifted to the house No.700-B , Sarnaik Colony Shivajipeth, Kolhapur about 3 months prior to occurring of incident in question on 14th of August in the year 2004. The appellant was aware that she was having many ornaments. The appellant had taken the amounts from his neighbour PW17 Mangal Suryawanshi, his brother-in-law PW19 Rajendra Urankar and his tenant PW21 Shevanta Shetty and they were demanding back the amounts given and as such he was in dire need of money. The appellant thereon conspired with acquitted original accused no.2 Rajendra in the case of robbing PW24 Geetanjali of her ornaments. The appellant on the day of incident during morning hours purchased knife article 29 for Rs.9/- from PW15 Manjula Gosavi.

(3.) The appellant as well as the original accused no.2 pleaded not guilty to the charge (Exh.21) for such offences and so also for the offences under Sections 452, 461, 394 r/w 397, 382, 363 r/w 34 of IPC, alternative or otherwise as detailed in the said charge framed against him by the learned Additional Sessions Judge, Kolhapur after the case was committed to the Court of Sessions.