RAMSANJEEVAN NIRMAL Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who stands convicted for the offence punishable under Section 452 of IPC and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs. 500/- in default of fine simple imprisonment for two weeks, for offence punishable under Section 342 of IPC and sentenced to suffer rigorous imprisonment for three months and to pay fine of Rs. 100/- in default to suffer further simple imprisonment for one week and for offence punishable under Section 397 of IPC and sentenced to suffer rigorous imprisonment for 7 years and to pay fine of Rs. 1,000/- in default to suffer further simple imprisonment for three months, by Ad-hoc Assistant Sessions Judge, Sewree, Mumbai, by judgment dated 17th November, 2011, in Session Case No.558 of 2011, by this appeal challenges his conviction and sentence.

(2.) The facts, as are necessary, for deciding this appeal may be stated as follows :-

(3.) During the course of investigation, API Walunj alongwith P.W.12 ASI Pakale, took search of the appellant at Rohit Power Laundry. The appellant was not found there. However, his clothes were found in the said laundry. On the basis of the name of tailor who stitched his shirt, the search of appellant was taken at Girgaon alongwith P.W.10 Umesh Nirmal. There in one shop, they found the appellant. His personal search was taken, in which appellant was found in possession of two gold mangalsutras and two gold bangles which came to be seized from him under panchanama (Exh.29). These gold ornaments were shown to P.W.1 Ramkrishnan and P.W. 2 Yamuna, his wife. They identified the said gold ornaments as belonging to them. Hence after arrest of the appellant and completing remaining part of investigation, chargesheet came to be filed against the appellant.