RAJNISH PURUSHOTTAM POGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals assail the judgment dated 19.11.2018 rendered by the Sessions Judge, Bhandara in Sessions Trial 33 of 2015, by and under which, the accused are convicted for offence punishable under section 394 and 397 of the Indian Penal Code (IPC) and are sentenced to rigorous imprisonment for seven years on each count and to payment of fine of Rs. 5,000/- and in default to suffer rigorous imprisonment for three months. Criminal Appeal 786 of 2018 is preferred by accused 1 - Rajnish Pogade and accused 3 - Monu Bokade and Criminal Appeal 787 of 2018 is preferred by accused 2 - Govind Sorte.

(2.) The prosecution case:

(3.) The prosecution examined as many as eleven witnesses. PW 1 Naresh Shende is the informant. PW 2 - Dr Rupesh Badwaik examined the informant. PW 3 - Vinayak Mungmode is the witness to the spot panchanama and the seizure of clothes of the informant. PW 4 - Arvind Nimbekar is the panch witness to the seizure of currency of 1400/- and clothes from accused 1. PW 5 - Ramesh Ramteke is the witness to the seizure of clothes of accused 3 - Monu and the knife allegedly used in the commission of the offence. PW 6 Ravindra Kapgate is the panch to the TIP. PW 7 - Paras Kamble is the conductor who is examined as an eye witness to the incident. PW 8 Dr. Chandrashekhar Meshram is examined since his opinion was sought as regards the knife seized and the tear in the clothes worn by the informant. PW 9 - Shri Dinkar Khot is the Naib Tahsildar who conducted the TIP. PW 10 - Balram Warkade carried the seized articles to the Chemical Analyzer and PW 11 Shri Ganesh Khandare is the Investigating Officer.