NAMDEO BANA BARDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed on behalf of the original accused No.5 - Namdeo Bana Barde, through jail, against his conviction under Section 395 of the Indian Penal Code and sentence of rigorous imprisonment of seven years and fine of Rs. 5,000/- in default to further suffer rigorous imprisonment for one year, passed on 26.7.1996 by the learned III Additional Sessions Judge, Beed, in Sessions Case No.79 of 1994.

(2.) THE prosecution case was simple. In the night between 26.4.1993 and 27.4.1993 at about 2 and 2.30 a. m. dacoity took place the house of one PW 1 Dilip Navale and it was alleged that the dacoits Committed dacoity of gold and silver ornaments, besides the cash of Rs. 5,000/ -.

(3.) SMT. Laddha, learned counsel [amicus curiae] for the appellant submits that the conviction of the appellant is bad in law, firstly because there is no reliable evidence to connect the appellant with the alleged offence; secondly the circumstantial evidence of discovery of stolen articles from the shop of goldsmith at the instance of the appellant is not reliable, coupled with the fact that when co-accused were acquitted of the charge of offence of dacoity punishable under Section 395 of the Indian Penal Code, the appellant alone cannot be convicted.