SUNIL NAGNATH GITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The original accused No. 2 Sunil Gite has challenged the order of conviction recorded in Sessions Case No. 95 of 2000 by the learned Additional Sessions Judge, Thane, dated 2nd December, 2002, whereby the accused/appellant and the accused No. 1 were convicted for the offences under sections 363, 364, 302, 384, 387, 201 read with 34 of the Indian penal Code and each one of them was sentenced to suffer R. I for a period of seven years and fine of Rs. 600/- for the offence punishable under section 363 read with section 34, to suffer R. I. for a period often years and to pay fine of Rs. 600/- in default to suffer further R. I. for six months for the offence punishable under section 364 read with 34 of the Indian Penal Code, to suffer R. I for three years and to pay fine of Rs. 300/- for the offence punishable under section 384 read with section 34 of the Indian Penal Code, to suffer R. I for seven years and to pay fine of Rs. 600/- for the offence punishable under section 387 read with section 34 of the Indian Penal Code, to suffer R. I. for life and to pay fine of Rs. 1000/-, to suffer R. I. for one year for the offence punishable under section 302 read with section 34 of the Indian Penal Code, to suffer R. I. for seven years and to pay fine of Rs. 600/- for the offence punishable under section 201 read with section 34 of the Indian Penal Code.

(2.) The records of this Court indicate that accused No. 1 Yuvraj has not preferred any appeal challenging the conviction and sentence. The learned A. P. P during arguments informed that accused No. 1 Yuvraj expired in jail on 7th october, 2006.

(3.) The complainant went ahead at the instance of police and kept the bundles near the pit as pointed by the caller and he pretended move. The police followed the complainant by keeping distance and by different vehicles in the court yard of New English School with panch witnesses. After few minutes accused No. 2/appellant alighted from a Rickshaw and went near the pit. The accused No. 2 lift the bag containing currency notes. He was immediately apprehended and police asked him as to what the bag contained, where upon the accused No. 2 opened the bag and showed the bundles which were kept by the complainant. The panchnama of the proceedings (Exh. 16) was made by the police officer and signed by panch witnesses. The accused No. 2 was put under arrest in the same night of 4th April, 1999 at 8. 35 P. M. The witnesses have identified accused No. 2 Sunil before the Court. The deceased accused No. 1 was in fact put under arrest on the same day.