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B.N.DESHMUKH
Prasadya @ Salya Natha – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Counsel for the parties:
For the Appellant:Mr. Nitin P. Deshpande. For the Respondent: Mr. Y.V. Patil.

ORAL JUDGMENT

Deshmukh, J. - The appellants-accused are tried-for committing dacoity in the houses of three prosecution witnesses, P.W. 2, Vasant, P.W. 3, Pradip, P.Ws. 4, Suryakant. All of them are residing in the same locality and it is alleged that on 24th November, 1989 in the mid-night these accused persons went to the houses in that locality and committed dacoity in the three houses one after another.

2. The prosecution has led evidence of P.Ws. 2 Vasant, P.Ws. 3 Pradip, P.Ws. 4 Suryakant, and P.Ws. 7 Anjali, wife of P.Ws. 2 Vasant. As the dacoity was committed by unknown thieves the prosecution has also relied upon the evidence of Special Executive Magistrate, P.Ws. 10, regarding the identification parade, and two Panchanamas, Exhibits 39 and 41 in this respect.

3. The complaint is filed by the complainant Vasant, P.Ws. 2. It is stated in the complaint that unknown thieves committed dacoity in his house by taking away ornaments, silver articles and cash amount totalling worth Rs. 24,900/- It is further stated in the complaint that these unknown thieves have further committed dacoity in the neighbouring houses of Suryakant and Pradip by breaking their doors with stones and ta

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