ARUN NAFYA BHOSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, there is challenge to the judgment and order of conviction passed by 5th Ad-hoc Additional Sessions Judge, Ahmednagar dtd. 25/10/2004 in Sessions Case No.101 of 1993 + 33 of 1997 recording guilt of appellant for offence punishable under sec. 392 of Indian Penal Code (IPC).

(2.) Informant Devram resided with his wife and children at Vadzire. After labouring for the day and on taking dinner on the night of 29/9/1992 entire family went to sleep in distinct rooms including married daughter PW2 Shobha, who had come for delivery. Around 1:30 a.m., informant woke up on hearing big noise and went towards the room of his wife and pregnant daughter. There he saw his wife to have suffered bleeding injury and his pregnant daughter informed him that two thieves snatched nose ring of his mother Jijabai and had also forcibly taken away cash. After taking injured wife to hospital, he approached police on the next day and lodged report, on the basis of which, crime bearing No.139 of 1992 was registered for commission of offence under sec. 394 of IPC.

(3.) At trial, prosecution adduced evidence of PW1 informant Devram; his daughter PW2 Shobha; his wife PW3 Dropadabai; PW4 Pralhad Kachare, the then Naib Tahsildar, who conducted T.I. parade and PW5 P.S.I. Chavan, Investigating Officer. Defence denied to lead any evidence.