DAINAJI POCHIRAM KASBE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All the four appeals are being disposed of together in as much as they arise out of the same judgment rendered by the learned Additional Sessions Judge, Biloli, in Sessions Case No.40/2005.

(2.) The prosecution case, stated briefly, is that in the night between 30th April and 1st May 2005 police staff members of Dacoity Prevention Squad were taking a round in the course of patrolling duty on Nanded- Degloor road. At about 0-30 a.m. they saw some persons who were sitting in a ditch by the side of the road. So, they suspected the activities of those persons. They gave call to the said persons. Immediately those persons, who were sitting in the said ditch, started running away. The police caught hold all the appellants named above though one of them, whose name lateron was revealed as Bipin Kalyankar disappeared in the darkness and escaped.

(3.) The prosecution alleges that the appellants were carrying a dagger, a knife, a stick, nylon rope and two torches. They had covered their mouths with the help of black clothes. They had made preparation to commit the dacoity. They were also found in possession of chilli powder. The articles were lateron seized under a panchnama.