CHIKYA Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against appellant's conviction for the offence punishable under Section 395 read with Section 397 of the Indian Penal Code and sentence of rigorous imprisonment for seven years with a fine of Rs. 1,000/- imposed upon him by the learned Additional Sessions Judge, Pune on conclusion of Sessions Case No. 448 of 1995 before him. Facts which are material for deciding this appeal are as under:-

(2.) In course of investigation, police recorded panchanama of the spot and seized a gun which the miscreants had left at some distance from the spot. The appellant and co-accused Sarkshya alias Yuvraj were arrested on 18th August, 1995. Some ornaments were seized from the house where both the miscreants were found. Police recorded statements of witnesses and requested the Executive Magistrate to hold Test Identification Parade of the miscreants as well as the property seized. Accordingly, on 23rd September, 1995, the Test Identification Parade was held at which the first informant Sarjerao identified the appellant and co-accused Sarkshya alias Yuvraj. On 11th October, 1995, the ornaments were also displayed at which Sarjerao allegedly identified his wife's Mangalsutra as well as the torch. On completion of investigation, charge sheet was sent to the Court of the Judicial Magistrate F.C., Khadaki, Pune, who committed the case to the Court of Sessions at Pune.

(3.) The learned Additional Sessions Judge to whom the case was made over, charged the appellant and co-accused Sarkshya alias Yuvraj for the offence punishable under Section 395, 397, 342, 506 read with Section 34 of the Indian Penal Code. Since they pleaded not guilty, they were put on trial at which the prosecution examined in all seven witnesses in its attempt to bring home guilt of the appellant and co-accused. After considering the prosecution evidence in the light of defence of denial, the learned Additional Sessions Judge convicted both the accused persons for the offence punishable under Section 395 read with Section 397 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for seven years with a fine of Rs. 1,000/- or in default rigorous imprisonment for a further period of six months. The learned Judge seems to have acquitted both the accused persons of the other offences for which they were charged. Co-accused Sarkshya alias Yuvraj seems to have suffered the entire sentence. Though he preferred an appeal, the appeal was seemingly not pressed and has been disposed of. The appellant Chikya has preferred this appeal questioning his conviction and sentence.