JUDGMENT:

1. The appellant questions conviction recorded in Sessions Case No.55/2009 for offense under Section 395 of IPC, directing to undergo rigorous imprisonment for ten years and to pay fine of Rs.5,000/-; in default, rigorous imprisonment for three months, by order dated 15.9.2011 of the learned Assistant Sessions Judge, Majalgaon, district Beed.

2. FACTS:

(a) In the night of 15.9.2009, PW No.1 Dilip Sable and Dnyanoba Sable were sleeping in the jewellery shop of his uncle, Omkar Jewellers with Babasaheb Arjun Muli, Arjun Laxman Jadhav, Santosh Balasaheb Solunke, Sandip Chaganrao Chalak. As per practice, said Dilip had carried gold ornaments of his shop Kedareshwar Jewellers to the shop of Omkar Jewellers to be safely stacked. At about 4 a.m., Santosh heard rattling noise of disturbance to shutter and, resultantly, they woke up. They were stunned to see five persons, muffled, barged in the shop by curving the shutter. They were armed with knife, ir