ARUN MARUTI WAGHCHAURE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 1st December 2011, passed by the Additional Sessions Judge, Raigad, Alibaug, in Sessions Case No. 51 of 2012, convicting the appellant of an offence punishable under Section 395 of the Indian Penal Code (IPC) and sentencing him to suffer Rigorous Imprisonment for a period of seven years and to pay a fine of Rs. 3,000/-, in default, to suffer Rigorous Imprisonment for 2 months. The appellant was the accused no.1 in the said case and there were four others, who were also prosecuted along with the appellant. However, the learned Additional Sessions Judge found the said four persons not guilty and acquitted them.

(2.) The prosecution case, as found in the 'brief facts of the case', mentioned in column no. 17 of the printed prescribed proforma of the Police Report, is, as follows :

(3.) In order to prove its case against the appellant and the other accused, the prosecution examined eight witnesses during the trial. As aforesaid, upon considering the evidence adduced, the learned Additional Sessions Judge found the appellant guilty, but, the others not guilty.