POPAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appeals arise out of Judgment of conviction passed against the Appellantsaccused (hereafter referred as accused with numbers as given to them in the trial Court and mentioned above in the cause title) by 4th Additional Sessions Judge, Beed, in Sessions Case No.76 of 1999, on 18th January 2000. The 13 accused were convicted for offence under Section 365 read with 34 of the Indian Penal Code, 1860 (for short "I.P.C."). Additionally accused No.13 was convicted for offence under Section 368 of I.P.C. However, trial Court passed order of acquittal of accused Nos. 1 to 13 of offence punishable under Section 363, 364A read with 34 of I.P.C. For offence under Section 365 of I.P.C. the sentence imposed was of simple imprisonment for three years and fine of Rs.1500/, in default to suffer simple imprisonment for one year. For offence under Section 368 of I.P.C., sentence imposed was simple imprisonment for three years and a fine of Rs.1500/, in default to suffer simple imprisonment for one year.

(2.) The case of prosecution in brief, is as follows:

(3.) As the offence was Sessions triable, the matter came to be committed to the Court of Sessions. The Sessions Judge framed charge against the accused persons under Sections 363, 364A, 365, 368 read with 34 of I.P.C. The accused persons pleaded not guilty. Their defence is of denial. According to the accused, in an earlier incident dated 30th October 1998, the complainant had robbed accused No.1 Popat and accused No.13 Nivrutti and his brotherinlaw on AurangabadNagar road, regarding which report had been filed with Newasa Police and accused No.1 Popat had gone to the residence of complainant at Waki and asked him to return the amount robbed and in a meeting, complainant, his wife and daughter had executed stamp paper to return the amount of Rs.1,50,000/.