The main legal point established in the judgment is the reliability of eyewitness identification and the applicability of Section 222 of the Code of Criminal Procedure in convicting the accused for a minor offence not originally charged.

Z.A. Haq, J.

1. Heard Shri C.R.Thakur, Shri R.M.Daga and Shri Abhay Sambre, learned Advocates for the appellants/accused and Shri T. A. Mirza, learned APP for the respondent/State.

2. These appeals arise out of the judgment passed by the learned Ad-Hoc Additional Sessions Judge - 3, Chandrapur in Sessions Case No.22 of 2004 on 27th of February, 2007.

Sessions Case No.22 of 2004 was filed against Twenty Five accused but the sessions trial is conducted against sixteen accused and the remaining nine accused were absconding and therefore, the trial was separated. By the impugned judgment, the learned Sessions Judge has convicted accused No.1 Mira @ Rekha Pawar, accused No.2 -Lakhesingh Dhurve, accused No.3 -Mathawarabai Kumare, accused No.4 - Bijali Dhurve and accused No.12 - Harimishan Madkam for the offence punishable under Section 412 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for five years each and to pay a fine of Rs.5000/- each and in default of payment of fine to undergo simple imprisonment for six months.

The learned Sessions Judge has convicted accused No.6 -Nirbhaysingh Madkam, accused No.7 -Natwarlal Dhurve, accused No.8 - Ramu Rangrut Madkam, accused No.9 - Vinod Dhurve, accused No.13 - Sanjay Rangrud Madkam, accused No.15 -Suresh Madkam and accused No.16 - Jivanlal Ramchandra Kumare for the offence punishable under Sections 396 and 397 of the Indian Penal Code and sentenced them to undergo life imprisonment.

3. Criminal Appeal No.153 of 2007 is filed by accused No.6 -Nirbhaysingh Madkam, accused No.7 - Natwarlal Dhurve, accused No.8 Ramu Madkam, accused No.9 Vinod Dhurve, accused No.13 Sanjay Madkam, accused No.15 Suresh Madkam and accused No.16 Jivanlal Kumare challenging the judgment passed by the learned Sessions Judge convicting them as stated above.

4. Criminal Appeal No.74 of 2007 is filed by accused No.1 -Mira @ Rekha w/o Pawar Pawar, challenging the judgment passed by the learned Sessions Judge convicting her as stated above.

5. Criminal Appeal No.98 of 2007 is filed by accused No.4 Bijali Dhurve challenging the judgment passed by the learned Sessions Judge convicting her as stated above.

6. Criminal Appeal No.526 of 2007 is filed by accused No.2 Lakhesingh Dhurve and accused No.3 Mathawarabai Kumare, challenging the judgment passed by the learned Sessions Judge convicting them as stated above.

7. The case of the prosecution is :

The complainant Riddheshwarrao Govindrao Warjurkar, r/o Mohadi, Tq. Nagbhid lodged the compliant on 4th of November, 2003 with the Nagbhid Police Station. According to the complainant -Raddheshwarrao, he is resident of Mohadi doing agricultural work and money lending business. On 3rd of November, 2003 in the morning, he had gone to Nagpur for some work in the Court at Nagpur. His wife Vandana and his daughter Ku.Jasmi also came to Nagpur. The complainant's mother Kashibai and two employees Yadav Shivram Dudhkure and Kewalram Dadmal were in the house. On 4th of November, 2003 at about 2.00 a.m. (in the night), Ashokkrao Khanorkar - brother-in-law of the complainant, who is resident of Nagpur, received a phone call from Mohadi informing that about 20 to 25 persons were doing nuisance near the house of the complainant at Mohadi and they had swords, Lathis and sticks. On receipt of this phone call, the complainant verified this information with Shantaram Deshmukh and found information to be correct. He immediately along with his wife, son and two daughters came to Mohadi by car and found that dacoity had taken place at his house and all the articles in the house were found scattered and broken. He found that his mother was taken to Nagbhid hospital for medical treatment and both the employees were admitted in the hospital. When he returned to his house, he found that the almirah in the front room was opened by breaking the lock and he saw that blood stains were scattered in the room of his mother. He found that four bangles of gold weigh