Cri. Appeal No. 580/12 & Ors.

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IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

CRIMINAL APPEAL NO. 580 OF 2012

Noora s/o. Devidas Bhosale,

Age 31 years, Occu. At present in

Jail, R/o. Karjat, Tal. Karjat,

Dist. Ahmednagar.

....Appellant.

Versus

State of Maharashtra

Through the Karjat Police Station,

Karjat, Dist. Ahmednagar.

....Respondent.

Mr. H.D. Deshmukh, Advocate for appellant.

Mrs. V.A. Shinde, APP for State.

WITH

CRIMINAL APPEAL NO. 592 OF 2012

Gorakh Narayan Bhosale,

Age 31 years, R/o. Vahera,

Tq. Ashti, Dist. Beed.

....Appellant.

Versus

The State of Maharashtra

....Respondent.

Mr. Rajendra N. Chavan h/f. Mr. Vijay Sharma, Advocate for

appellant.

Mrs. V.A. Shinde, APP for State.

WITH

CRIMINAL APPEAL NO. 375 OF 2013

Cri. Appeal No. 580/12 & Ors.

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Navnath @ Andya s/o. Devidas Bhosale,

Prisoner No. C.16423, Confined

In Yerwada Central Prison, Pune-6

....Appellant.

Versus

State of Maharashtra

Through the Karjat Police Station,

Karjat, Dist. Ahmednagar.

....Respondent.

Mr. Shaikh Ashpak Taher Patel, Advocate for appellant (appointed).

Mrs. V.A. Shinde, APP for State.

CORAM : T. V. NALAWADE, J.

DATED : 25th November, 2013

JUDGMENT :

1.

All the appeals are filed against the judgment and

order of Sessions Case No. 96/2011, which was pending in the

Court of Additional Sessions Judge, Ahmednagar. From the case,

accused Nos. 2, 3, 5 and 7 are convicted and sentenced for

offences punishable under sections 396, 457 and 380 of Indian

Penal Code. The maximum substantive sentence of ten years is

given, which is for the offence punishable under section 396 of

I.P.C. and for offence under each section the fine of Rs. 5,000/- is

imposed on each of the accused. Navnath (accused No. 2) has

filed Criminal Appeal No. 375/2013, Gorakh (accused No. 3) has

filed Criminal Appeal No. 592/2012 and Noora (accused No. 5) has

Cri. Appeal No. 580/12 & Ors.

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filed Criminal Appeal No. 580/2012. Accused No. 7 has not filed

any appeal. Both the sides are heard.

2.

In short, the facts leading to the institution of the

appeal can be stated as follows :-

The incident took place on the night between

27.11.2010 and 28.11.2010 in the locality known as Langore Galli,

Karjat, District Ahmednagar. The houses of deceased Ashok

Langore, Satish Jadhav, Vilas Mahajan and Anaspure are situated

in that locality and these houses were broken on that night and

the offence of dacoity was committed. In the house of Ashok, two

murders were committed. The deceased Ashok was cousin of

complainant Ramesh and the house of Ramesh is also situated in

the same locality.

3.

The wife of Ashok was out of station. The old mother

of Ashok and his sister Pramila were present in the house along

with Ashok on that night. Satish Jadhav was out of station and he

had put lock on his house, when he had left the station. Other

persons were at home.

4.

On that night, the dacoits broke open the houses of

Cri. Appeal No. 580/12 & Ors.

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aforesaid persons and they took away valuables like ornaments

and bags containing articles. When the complainant visited the

house of Ashok, Ashok was already dead. Pramila was seriously

injured and she succumbed to the injuries in the hospital. On the

basis of report given by Ramesh, the crime was registered for

offences punishable under sections 380, 396 etc. of I.P.C. in Karjat

Police Station at C.R. No. 223/2010.

5.

Annasaheb Ghavte, the P.S.I., who was attached to

the aforesaid police station made some investigation. When he

prepared the spot panchanama in the house of Ashok, he found

one rexine wallet. The complainant and others told that the wallet

was not of family members of Ashok. In the wallet, there were

receipts of census of the Government and the receipts were

bearing in the name of Devidas Dinya Bhosle (accused No. 7).

There was one passport size photograph of accused No. 7 in the

wallet. Vishal Mahajan informed that a bag of his