STATE OF MAHARASHTRA Vs. HEMANT KISHOR WAGH

JUDGEMENT

(1.) Present application has been filed under Sec. 378(1)(b) of the Code of Criminal Procedure seeking leave to file an appeal challenging the judgment and order dtd. 13/9/2019 passed by the learned Additional Sessions Judge, Ahmednagar in Sessions Case No.129 of 2018; thereby acquitting the respondents from the offence punishable under Sec. 395 of the Indian Penal Code.

(2.) Heard learned APP Mr. A. M. Phule for the applicant - State. With the able assistance of learned APP, we have gone through the record, which was before the learned Trial Judge.

(3.) The prosecution story in short is that the informant P.W.1 Yunus Shaikh is resident of village Valan, Taluka Rahuri, District Ahmednagar. He is in the business of sale and purchase of cotton. One Deepak Mehetre P.W.5 is his friend. Informant had gone to Ahmednagar on his motorcycle for taking payment from merchant Chetanbhai Patel around 5.00 p.m. on 27/12/2017. He collected amount of Rs.6,73,400.00 and kept it in a sack. He started his return journey to Rahuri around 7.00 p.m, with his friend Deepak. They were proceeding from Ahmednagar - Manmad road. Deepak was driving the said vehicle, whereas informant was the pillion rider. He was holding the sack containing cash. They came near Digras Phata around 8.30 p.m., at that time, one red colour Ford Figo car came without registration number from Ahmednagar side in high speed. The said car dodged them, due to which they fell down. The car was stopped at a distance. Six persons between the age group of 25 to 30 alighted from the car and came near informant. One person was holding knife. He put that knife on the neck of the informant and attempted to snatch the sack. Informant resisted, however, accused was successful in snatching the same as well as the mobile handset of the informant. Those persons then boarded in the car and the car went towards Manmad. Informant had then given a phone call to his brother and disclosed the incident. Within half an hour, his brother came to the spot. Thereafter informant went to Rahuri Police Station to lodge the report, however, his FIR was not taken. It was recorded on 29/12/2017. After the offence was registered, investigation was conducted, however, in the meantime, it was transferred to the local crime branch of Ahmednagar and that department has completed the investigation. It also appears that the accused persons came to be arrested on 22/1/2018 by P.W6., Police Inspector, Dilip Pawar after he had received secret information that the accused persons were likely to come to Kedgaon bypass. The accused persons were taken in custody. From their possession one Hyundai I-20 car, Mahindra XUV car, two motorcycles, mobile handsets and cash amount of Rs.3,49,000.00 came to be seized by drawing panchanama Exhibit-51. The identification parade was held and then the offence under Sec. 395 of Indian Penal Code came to be added. During the further investigation cash amount of Rs.2,00,000.00 was seized from the accused - Hemant Wagh, Rs.1,50,000.00 was seized from accused Shahabaz Shaikh, Rs.2,83,000.00 was seized from accused Rushikesh Pardeshi and Rs.2,67,000.00 was seized from accused Sumit Kotkar.