SUNILSING SHANKARSING THAKUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Counsel for the appellant and the learned Additional Public Prosecutor for the respondent in both appeals.

(2.) THESE appeals by appellants-original accused No. 1 Sunilsing Thakur and original accused No, 3 Shaikh Razzak Shaik Abdul Nabi, arise out of judgment and order passed in Sessions Case No. 122 of 2002 by the III Ad hoc additional Sessions Judge, Jalgaon, whereunder the appellants and one vijaykumar Ranising Verma (original accused No. 2) were convicted for offences under sections 399 and 402 of Indian Penal Code and were sentenced to undergo rigorous imprisonment for three years on each count and to pay fine of Rs. 5,000/- each and in default of payment of fine to undergo further rigorous imprisonment for a period of six months for each default. Both the substantive sentences were to run concurrently.

(3.) THE prosecution case, in brief, is that two Police Constables, namely, prithwiraj (P. W. 4) and Harum Bagwan (P. W. 5), then attached to Erandol police Station were on patrolling duty on Erandol-Mhasawad Road on 18-7-2002 in the evening and while patrolling, received information that some persons had collected at Khadka diversion road beneath a tree with the intention to commit dacoity. On receiving this secret information, both the Constables proceeded towards the site and when they approached the place, they found some five persons having assembled under a tree, and, therefore, in order to nab them, they caused alarm and when they proceeded quite close to the place, the persons assembled tried to flee away, but these Police Constables, with the show of threat of the guns with which they were armed with, succeeded to apprehend these two appellants and third person who was accused No. 2. It is claimed that this action of apprehension of the appellants was witnessed by two persons namely Santosh pawar (P. W. 2) and Deoram Patil (P. W. 3 ). It is also the case of the prosecution that when these persons were apprehended and their search was taken, they were found armed with weapons, like chopper and knife and one of them was having a bag which contained nylone and coir rope. The appellants were immediately brought to the Police Station, where Police Sub-Inspector Khairnar (P. W. 6) attached to the Police Station, seized the weapons and articles under panchanama Exh. 13 in the presence of panch witness Abdul Bashir (P. W. 1 ). Police Constable Prithwiraj (P. W. 4) lodged complaint, on the basis of which offence was registered and Police Sub-Inspector Khairnar (P. W. 6) carried out investigation in the matter. After completing investigation in due course, charge-sheet was filed in the Court of judicial Magistrate, First Class, Jalgaon, who in turn committed the case to the Court of Sessions, Jalgaon and that is how the matter was before the III ad hoc Additional Sessions Judge, Jalgaon, who decided the same.