DASSU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by conviction of the appellants for the offence punishable under Section 397 of the Penal Code and resultant sentence of Rigorous imprisonment for seven years, imposed upon them, the convicts have preferred this appeal.

(2.) The facts which gave rise to prosecution and conviction of the appellants are as under: On 20th February, 2002 one Vishnu Maind and his friend Ramesh Thengri were riding a motor cycle bearing No.MH-29/F-5725 from Amravati to Ner. At about 8.30 p.m. near village Watfali, 7 to 8 unknown persons obstructed them, beat them up and robbed them of cash, wrist watch and a ring. The complainant gave a report to Police, who immediately came to the spot after registering an offence. In course of investigation the Police recovered the articles of which the complainant was robbed, arrested six persons and after completion of investigation charge-sheeted them.

(3.) The learned Judicial Magistrate First Class, Ner committed the case to the Court of Sessions, where the learned Ad-hoc Additional Sessions Judge to whom the case was assigned, charged the accused of the offence punishable under Section 395 read with 397 of the Penal Code. Since the accused pleaded not guilty, they were put on trial. After considering the evidence tendered before him, the learned Adhoc Additional Sessions Judge held two appellants guilty of offence punishable under Section 397 of the Penal Code and convicted and sentenced them to suffer Rigorous imprisonment for seven years each. He proceeded to acquit the remaining four accused persons. Aggrieved thereby, the two convicts have preferred this appeal.