VEMALKUMAR LAXMAIYYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the Judgment and order dated 6-5-1994, convicting him and sentencing him to undergo seven years RI and to pay a fine of Rs.1000/- i.d. of payment of fine, to further suffer R.I. for six months, for an offence punishable under section 397 IPC, has come up in appeal before us.

(2.) IN short, the prosecution case is that at 3.30 a.m. on 28-5-1992, the appellant along with 10 to 12 persons, committed dacoity in Bungalow No.5 in Vivekanand Nagar, Manmad, District Nasik. It is said that the dacoits were armed with deadly weapons like hockey sticks, Jambiya etc. During the course of dacoity, they looted substantial jewellery and some other items and caused hurt to three persons namely Shankarrao Jagtap, Chandrashekar Jagtap and Chandrabhaga Jagtap. It is said that while the dacoity was being committed, police of Manmad city police station was telephonically informed by the informant Shankar Jagtap and immediately came on the place of the incident, seeing the police the dacoits started throwing stones at the police party. Consequently, police fired resulting in injuries to one of the dacoits. It is said that it succeeded in apprehending the appellant on the spot. It is further said that from the possession of the appellant, one Jambiya was recovered.

(3.) IT may be mentioned that Shankar Jagtap and Chandrashekhar Jagtap, two of the injured victims were medically examined on 28-5-1992 by Dr.Vidyadhar Malte PW 13. On the person of Shankar Jagtap, the doctor found one bone deep injury over scalp 1 1/2 long CLW, skin deep, oblique abrasion 1" long 3" ecchymosis around the right eye and injury over the ribs - 7, 8, 9 right side. On the person of Chandrashekhar Jagtap, the doctor found tenderness over both the heels and crack fracture.