KRISHNA BABU SHELAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal the appellant challenges the judgment and order dated 13th November, 1995, passed by the V, Additional Sessions Judge, Thane, in Sessions Case No. 202 of 1995, convicting and sentencing him to undergo 10 years R. I. and to pay a fine of Rs. 5,000/-, in default to undergo R. I. for three months for the offence punishable under section 394 I. P. C. read with sections 398 and 75 I. P. C.

(2.) IN short the prosecution case runs as under :---On 9th January, 1995, at about 9 p. m. while Anita Madas (P. W. 4), the daughter-in-law of the complainant Buchaiyya Madas (P. W. 3) was cooking food inside house No. 320, Bhandari Compound, Narpoli, Taluka Bhiwandi, District Thane, the appellant came and enquired from her whether a person named Venkatesh was residing there. He also took out a knife; asked her to handover her Mangalsutra; and told her that if she did not do so he would kill her. On that she cried loudly. Hearing her cries, her father-in-law, the informant Buchaiyya (P. W. 3) and her mother-in-law Laxmi came. While trying to run away, the appellant inflicted knife injuries on their person. Many persons gathered there and caught hold of the appellant.

(3.) ANITA thereafter informed her husband Ashok to proceed for informing the police. Near Compound of Bhandari Seth he met police constable Dudhuram Jadhav (P. W. 5), who alongwith constable Ahire was returning towards the police station Narpoli after doing patrolling. Dudhuram Jadhav and Ahire went alongwith Ashok to the place of the incident where they found that the appellant had been apprehended by the informant. They took the appellant alongwith knife to police station Narpoli where the former was arrested and the latter seized. At that time the complainant Buchaiyya also accompanied them.