SANJEEV UDHAV MURKUTE Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY
Sanjeev Udhav Murkute
STATE OF MAHARASHTRA
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Anuja Prabhudessai, J. -
(1.) By this appeal the appellant has challenged the judgment dated 25th October, 2005 in Sessions Case No. 581 of 2005.
(2.) The brief facts leading to this appeal are as under:-
The appellant herein was the accused no.1 in Sessions Case No. 581 of 2005. The appellant, along with two other co-accused and one absconding accused were prosecuted for offence under Section 394, 342, 397, 398 r/w. 34 of the Indian Penal Code and Section 3/ 25 of the Indian Arms Act and 37(i)(a) of Bombay Police Act. The case of the prosecution in brief is that on 11th April, 2005 between 12 to 12.15 p.m. PW1 Vishal who was working as a Sales Executive in Vijay Sales was proceeding towards the bank to deposit cash of Rs.8,01,710/-. He was accompanied by Raj Mahale-PW6. When they came out of the showroom, four persons came toward them and snatched away the bag containing cash of Rs.8,01,710/- from the hands of PW1 Vishal and ran away from the spot of the incident. The first informant and some of the employees from Vijay Sales chased the said persons and with the help of some other by standers, they managed to apprehend the three persons, but the fourth accused managed to run away with cash.
(3.) Police were called to the spot and informed about the incident. PW7- PSI Manohar Shinde recorded the statement of the first informant and registered the crime. He conducted the scene of offence panchanama, and took personal search of the accused persons in presence of the panchas. He recovered two country made revolvers from the appellant i.e. accused nos.1 and from accused no.3. Further investigation was carried out by PW8 PI Bagul. Upon completion of investigation, chargesheet was filed.;
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