AJAY DINESH PIMPLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the appeals are being disposed of by the common judgement in as much as they arise out of same judgement rendered in Sessions Case No. 114 of 2007.

(2.) By the impugned judgement, the appellants were convicted for offences punishable under section 307 read with section 34, section 399 and section 332 read with section 34 of the I.P. Code. For offence punishable under section 307 read with section 34 of the I.P. Code, each of them was sentenced to suffer rigorous imprisonment for term of five (5) years and to pay fine of Rs. 2000/-, in default to suffer rigorous imprisonment for one (1) year. For offence punishable under section 399 of the I.P. Code, each of them was sentenced to suffer rigorous imprisonment for five (5) years and to pay fine of Rs. 2000/-, in default to suffer rigorous imprisonment for one (1) year. For offence punishable under section 332 read with section 34 of the I.P. Code, each of them was sentenced to suffer rigorous imprisonment for term of two (2) years.

(3.) Briefly stated, the prosecution case is that A.P.I. Shri Ghuge (PW8) and other police staff members were on patrol duty during night intervening between 27th and 28th November, 2006. While they were moving in a police van, at about 3 a.m., they received instructions from the police Control Room to visit Shreyanagar locality where some dacoits had reportedly attempted to commit the dacoity. The police party immediately proceeded to the said locality. They noticed that some dacoits were running through the area. They gave chase to the suspected dacoits. The suspected persons ran towards residential house of Justice Chapalgaonkar. They had entered compound of a bungalow named "Venu Niwas". While the police party members were giving chase, the members of the gang of suspected dacoits took out some stones from bundles which were with them and started pelting the stones at the police party. Appellant Ajay injured informant Deepak Choudhary (PW1) by means of knife in the course of the attempt made by the police to overpower him. Some witnesses were also injured by the appellants while running away. A.P.I. Ghuge (PW8) resorted to firing. The appellants were thereafter nabbed. However, their three (3) unknown accomplices fled away in the dark. A knife was recovered from possession of appellant Ajay. A report was lodged by Deepak Choudhary (PW1) who was the driver of the patrolling van in respect of the alleged incident. He and other injured persons were referred to the Medical Officer for clinical examination. On the basis of material gathered during course of investigation, both the appellants were chargesheeted for offences punishable under section 307 read with section 34, section 399 and section 332 read with section 34 of the I.P. Code.