ASARAM RANGNATH JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned counsel for the appellants, as also learned Additional Public Prosecutor for the respondent. Perused the judgment and with the assistance of learned counsel and learned A. P. P. the entire evidence that was led before the trial court.

(2.) THIS is an appeal by appellants/original accused in Sessions Case No. 18 of 1996 challenging the judgment and order dated-27.7.2000 passed by the learned II Additional Sessions Judge, Ambajogai, whereunder the appellants were convicted for offence punishable under Section395 r/w Section397 of Indian Penal Code and were sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/- each, in default to undergo rigorous imprisonment for three months. By the same order, appellants have been acquitted of offence under Section457 of Indian Penal Code. In respect of sentence awarded, the appellants were given set off under Section428 of Criminal Procedure Code, since the appellants were in custody from 6.1.1996 and 21.2.1996, respectively.

(3.) AT the trial, prosecution examined 14 witnesses, including informant Abdul Haq (PW5), Ansari Begum (PW8), Bhikaji (PW10) panch witness, Shaikh Moin (PW11) another panch witness of recovery, Police Sub-Inspector Vasant Bondar (PW12) who carried out investigation, and police Head Constable Kisan Mundhe (PW13) whose evidence was recorded to establish that the witnesses particularly witness Ansari Begum (PW8) and Abdul Haq (PW5) have identified the articles which came to be seized at the instance of appellants during the course of investigation.