ASHOK ANANDA KAMBLE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by accused no.4 before the learned Additional Sessions Judge, Greater Bombay, Mumbai, challenging his conviction for offences punishable under Sections 399 and 402 of the IPC, for which offences he is sentenced to suffer rigorous imprisonment for 3 years and 2 years respectively apart from payment of fine of Rs.1,000/on both counts.

(2.) Briefly stated, the case of the prosecution is as follows :

(3.) Heard Ms.Nasreen Ayubi, the learned advocate for the appellant/accused. She vehemently argued that nothing came to be seized from possession of the appellant/accused and as such it cannot be said that he was in company of coaccused after making preparations to commit dacoity and had assembled with them for the purpose of committing dacoity, while armed with deadly weapons. As against this, the learned APP supported the impugned judgment and order of conviction by arguing that by examining necessary witnesses, offences are proved by the prosecution.