MAHENDRA AND ORS. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this appeal filed under section 374 of the Code of Criminal Procedure, 1973 two appellants/accused challenge judgment dated 14/12/2011 passed by the Ad hoc Additional Sessions Judge, Amravati in Sessions Trial No. 140/2008, convicting them for an offense punishable under Sections 394, 302 and 201 of India Penal Code read with section 34 there of. They have been sentenced to suffer rigorous imprisonment for 7 years under Section 394 and to pay fine of Rs. 2000/ - each, in default of payment of fine to suffer R.I. for three months. They are sentenced to suffer life imprisonment coupled with fine of Rs. 3000/ - each or in default R.I. for 31/2 months for an offense under section 302 of India and Penal Code. For offence punishable under Section 201 read with Section 34 of Indian Penal Court, the appellants / accused are sentenced to suffer R.I. for three years and to pay fine of Rs. 1000/ - each, and in default of said payment to suffer R.I. for one month. This court has on 26th June 2012 refused to release them on bail.

(2.) PROSECUTION case in brief is, on 16/9/2007 one Rajendra Sarda lodged FIR 118/2007 vide Exhibit 47. He alleged that labours working with him by name Pramod and Narayan were sent to his mother's place to bring jute bags [bardana] and food for dogs. Narayan returned back and told Rajendra that his mother - Ashadevi was not responding and was not opening the door. Hence, Rajendra rushed to the house and found his mother as also servant Ramrao dead. Her golden bangles of 50 grams, one golden necklace [Tulsikanthi] weighing 15 grams were found missing. Cupboards were also found open and articles therein were lying scattered. Police accordingly, registered complaint, completed investigation and filed charge sheet before Magistrate, who then submitted the case for trial to the Sessions Court.

(3.) INSOFAR as evidence available on the record is concerned, total 29 witnesses have been examined by prosecution. Prosecution Witness No. 2 Gajanan Mahadeo Amzare, No. 4 -Ramesh Babulal Suryawanshi, No. 10 - Ramesh Shankarrao Nagarkar, No. 12 -Rajendra Raghunath Dindolkar, No. 13 -Sachin mahadeorao Wadnere, No. 14 -Manoj Amarsingh Mehra and Witness No. 15 -Sanjay Rameshchandra Agrawal are the witnesses to alleged seizure or recovery. Witness No. 1 Rajendra is complainant and son of deceased Ashabai, while witness no.8 Nilima Nareshkumar Mantri is her daughter. Witness no.9 Ravindrakumar Harikisanji Sarda is other son of the deceased Ashabai. Witness no.11 Hukumchand Chandrabhan Yadav is landlord with whom accused allegedly stayed at Bhopal. Witness no.16 Anil Ramdas Kothe is also examined to bring on record this stay at Bhopal. Witness no.17 is Sheetal Sanjayrao Belkhede, who sold her golden ring given to her by accused. Witness no.18 Narayan Sadashivrao Satange is servant of Rajendra. Witness no.26 is Police Sub Inspector Rajesh Shalikramji Bhuyar, examined to prove stay of accused that Bhopal. Witness no.28 is Police Head Constable Harischandra Bapurao Tekam on seizure of ornament, while witness no. 29 -Bhojraj Dhote is an architect who has drawn map of house of deceased Ashabai. Witness no.3 Shashikant Laxminarayan Agrawal, No. 5 Nakul Ramesh Laddha, No. 6 Shyam Satyanarayanji Laddha and witness no. 19 Arun Leeladhar Sikchi, are the persons who sat on platform i.e. OTA in front of house of deceased and claim that accused persons entered the house in their presence. Witness no.7 Yogesh Aruin Sonowane is the employee of public trust by name Sai Sansthan, in whose residential accommodation at Shirdi the accused alleged to have taken shelter by changing their names. Witness no.20 Prashant Suresh Mandlik, No. 21 Sukhadeo Janardhan Shinde are the goldsmiths from whom prosecution recovered the ornaments, while witness no.22 Sunil Raghunath Nagarkar is a jeweler. Witness no.24 Dr. Shyam Satwaji Hingade, has proved the postmortem report, while witness no.25 Raosaheb Balkrushna Bahe is the police patil of Village where the accused resided. Prosecution witness no.23 Pandurang Domaji Dongare is the Police Sub Inspector who registered the FIR, while witness no.27 Rajendra Baburao Bagun is the Investigating Officer.