NANA SOMNATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals are directed against the order of conviction and sentence recorded by the learned Additional Sessions Judge, Ahmednagar in Sessions Case No. 22/2005, vide judgment and order dat ed 25th January, 2006.

(2.) The prosecution case in brief is as under: -. Complainant Ramchandra Burhade is PW-1 was working as a School Teacher and after his retirement, he started the business of gold smith under the name and style of "malganga Jewellers" at Nighoj. It is the case of the prosecution that the accused Nos. 5 and 6, namely, Mangesh and Ishwar had come to the shop of the complainant on 11th August, 2004. THEy saw the jewellery shown to them by the complainant and ordered the jewellery to be made as per their choice by giving the complainant an advance of Rs. 100/ -. It is further the prosecution case that on 13th August, 2004, the complainant had gone to at tend one court proceeding and returned to his shop between3. 00 to4. 00 p. m. As soon as he entered the house, two accused persons who were hiding behind the door, pulled him inside, put cloth ball in his mouth, tied him, raised the volume of television and pulled him to the kitchen room. THE complainant saw that his wife was also tied with a nylon rope and cloth was put in her mouth. It is further the case of the prosecution that thereafter the complainant was also tied with the rope. THE thieves then pulled golden chain from his neck, removed his gold finger ring, threw bedding on his body, ransacked the cupboard after breaking it open. It is further the case of the prosecution that when the complainant found that sound had stopped, he got himself released and started raising shouts. He checked his house and found that 40 Tolas of gold, 10 Kilograms of silver and Rs. 10,000/- were missing.

(3.) Charge-Sheet came to be filed in the court of learned J. M. F. C. , Parner. Since the case was exclusively triable by the court of Sessions, it came to be committed to the learned Sessions Judge, Ahmednagar.