DIPAK LAXMAN JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the Judgment and Order dtd. 22/12/2018 passed by Sessions Judge, Nashik in Sessions Case No.128/2015. The Appellant was the accused No.1 in that case. There were two other accused. The accused Nos.2 and 3 were acquitted. The accused No.1 was convicted and sentenced as follows ;

(2.) Heard Mr. Jahnavi S. Karnik, learned counsel for the Appellant and Smt. Sangita D. Shinde, learned APP for the State.

(3.) The prosecution case is that on 16/12/2014 about 8 to 10 persons committed dacoity in three houses in a village in Taluka Dindori, District Nashik. They were carrying weapons like axe, iron rods, sticks etc. The ornaments and cash amount from these houses were forcibly taken. The police were informed immediately. The FIR was lodged. The investigation was carried out, during which, three accused were arrested. They were put to test identification parade. According to the prosecution case, some of the important witnesses identified these three accused. There was recovery of ornaments at the instance of the present Appellant on 05/01/2015. Based on this investigation, chargesheet was filed and the case was committed to the Court of Sessions.