DULESH JAMAL VASUNIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these Appeals are arising out of the Judgment dated 6th April, 2011 of the Additional Sessions Judge, Sangli in Sessions Case No.111 of 2009, thereby convicting the Appellants in both these Appeals for the offence punishable under Sec. 395 of the Penal Code and sentencing them to suffer R.I. for ten years and to pay fine of Rs. 10,000.00 each, in default to suffer R.I. for three years. No separate punishment was imposed for the offence punishable under Sec. 452 of the IPC, though the Appellants were held guilty for that offence also.

(2.) Facts, in brief, for decision of these Appeals can be stated as follows :- PW-6 Santosh Kheradkar owns the shop of gold and silver ornaments at APMC Complex in Tasgaon under the name and style as 'Rudrapanna Shankarsheth Kheradkar'. PW-5 Prashant Sutar, Appasaheb Mokale and Ramesh Gosavi, (Respondent Nos.4 and 5, respectively, in Criminal Appeal No.1333 of 2011), were working in his shop.

(3.) On 17th Aug., 2007, at about 7:30 pm, when they were in the shop, one customer by name Jayantilal Shaha came there with his wife for repair of Mangalsutra. At that time, 7 to 8 persons, armed with axe and sticks, all of a sudden, entered into the shop and started assaulting the witnesses present in the shop. They forced them to bring the keys of the show-cases and then committed the dacoity of the gold and silver ornaments and the cash amount. After collecting the gold and silver ornaments and cash amount, they left the shop. In the said incident, due to the assault by those persons with sticks, axe and stones, PW-5 Prashant, PW-6 Santosh and Ramesh Gosavi sustained the simple injuries, whereas Appasaheb Mokale sustained the fracture. They were taken to PW-15 Dr. Vidyasagar Kambale and thereafter to PW-14 Dr. Manojkumar Ingalkar. PW-5 Prashant, on the same night, went to the Police Station and lodged complaint about the incident vide Exhibit-68.