MAHESH ANNARAO JEDAGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants are convicted for the offence punishable under section 395 of the Indian Penal Code and sentenced to suffer R.I. for 5 years and to pay fine of Rs. 2,000/- each I.d. to suffer S.I. for 6 months. The appellants are also convicted for offence punishable under section 397 of the Indian Penal Code and sentenced to suffer R.I. for 7 years by the III Ad hoc Addl. Sessions Judge, Solapur vide Judgment and Order dated 13th April, 2012 in Sessions Case No. 190 of 2009. Hence, this Appeal.

(2.) Such of the facts necessary for the decision of these appeals are as follows :

(3.) At the time of trial, P.W.1 Shailesh Palankar has deposed in consonance with the FIR. It is stated in the cross-examination that Dattanand Vernekar is also relative of the informant. In the crossexamination, it is admitted that Dattanand is addicted to liquor, but he did not consume liquor while on duty. He has expressed his inability to describe the ornaments in the bag at the time of incident, as he was out of station and the bag was carried by his father Madhukar.