MANIK SHANKARRAO DHOTRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Revision Application is directed against judgment rendered by learned Additional Sessions Judge, Ahmednagar, in Criminal Appeal No.74/2004. By the impugned judgment, learned Additional Sessions Judge confirmed the order of conviction and sentence rendered by IVth Adhoc Assistant Sessions Judge, Ahmednagar, in Sessions Case No.70/2004. Thereby the applicants have been convicted for offence punishable U/s 397 read with Section 395 of the I.P.C. and sentenced to suffer rigorous imprisonment for 7 (seven) years and to pay fine of Rs.500/-, in default to suffer rigorous imprisonment for 6 (six) months. The applicants Nos.l,2 and 4 have been further convicted for offences punishable U/s 4 read with Section 25 of the Indian Arms Act and sentenced to suffer rigorous imprisonment for six (6) months and to pay fine of Rs.200/- each, in default to suffer rigorous imprisonment for one month each.

(2.) Originally 5 (five) accused were charge-sheeted for the offences of dacoity and for possession of arms like sword and sword-stick. Out of them original accused No.2 Kalyan died during pendency of the trial. The Sessions case abated against him. The remaining 4 (four) accused, who are Revision Applicants herein, were tried and convicted as stated above.

(3.) Background facts, stated briefly, of the prosecution case are as follows :