CHHABYA DHONDYA BHOSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant has filed the appeal through jail in connection with the order of conviction in Sessions Case No.34 of 1990 passed by the IVth Additional Sessions Judge, Satara on 10th July 1977. The Appellant along with two other accused who were absconding was facing trial under Section 342 of I.P.C. as also under Section 395 of I.P.C.

(2.) THE case of the prosecution as set out in the charge at page 18 is that on the night of 11th July 1986 at 11 p.m. at Kalaskarwadi, Taluka Man, District Satara in the house of the Complainant in furtherance of the common intention the Appellant and two others confined the Complainant and his father into a room and snatched away the gold ornaments and other articles from the inmates of the house as also took away trunk and other articles and thus committed the act of robbery.

(3.) IN the appeal memo submitted through jail, the Accused-Appellant has requested that as in the present case he has been arrested only in 1986 though the case was pending since 1986 and he is already undergoing life imprisonment for last 11 years, his conviction be maintained but leniency be shown by ordering that sentences in both the matters shall run concurrently.