SAJID IQBAL SHAIKH Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Original accused No. 2 - Sajid Iqbal Shaikh and No. 3 - Saddam Shaffik Shaikh have preferred Criminal Appeal No. 62 of 2013, while appellant - original accused No. 1 Sanjay Ramdas Pawar has preferred Criminal Appeal No. 81 of 2013 against the Judgment and order dated 16-01-2013, passed by the learned Additional Sessions Judge-5, Ahmednagar, in Sessions Case No. 253 of 2012, convicting the appellants for the offence punishable under Section 392 of the Indian Penal Code (hereinafter referred to as "IPC" for short) and sentencing them to suffer rigorous imprisonment for five years each and to pay fine of Rs. 3000/- (Rupees Three Thousand) each, in default of payment of fine to suffer rigorous imprisonment for six months each. Briefly the case of the prosecution can be stated as follows:

(2.) The complainant along with his wife and minor daughter, thereafter, walked up to nearby township and reached Nagar Taluka Police Station, Ahmednagar, where Prashant Gaikwad lodged his report, stating therein the facts involving incident, giving details of articles, which were robbed.

(3.) On the basis of report as above, an offence came to be registered vide Crime No. I-71 of 2012 for the offence punishable under section 392 read with Section 34 of the Indian Penal Code. Said Crime was investigated by Mr. Shankar Narwade, PSI, partly, and thereafter by Mr. Rahul Khade, Deputy Superintendent of Police.