B. R. Gavai, J. - (1.) Both these appeals are directed against the judgment and order passed by learned Addl. Sessions Judge, Omerga in Sessions case No. 84/2004 thereby convicting the present appellants for the offence punishable under section 399 of the Indian Penal Code and sentencing to suffer r. I. for five years with fine of Rs. 1000/- each, in default of payment of fine, to suffer R. I. for one month and convicting them for the offence punishable under section 402 of the Indian Penal Code and sentencing them to suffer R. I. for three years and payment of fine of Rs. 500/-, in default of payment of fine, to suffer further R. I. for two weeks. Appellant No. 1 in Criminal Appeal No. 407 of 2005 has also been convicted for the offence punishable under section 124 of the bombay Police Act and sentenced to suffer R. I. for three months with fine of rs. 300/-, in default of payment of fine, further R. I. for five days.
(2.) The prosecution story, in brief, is as under : it is prosecution story that when some persons namely; Rajendra Patenge, rajendra Gaikwad and Sunil Gosavi, along with other persons, were patrolling on 19-7-2004 due to incidents of thefts in the area, they found one white trax. They found that two persons had got down from the said trax. These persons suspected them as they were holding something in their hands. The persons on the patrolling duty raised shouts. After the raising of shouts, aforesaid two persons ran away towards the jeep and attempted to flee away. However, persons on the patrolling duty encircled the jeep and also pelted stones on it so that the persons in the jeep should not flee away. It is the prosecution story that air from the front type of the vehicle was also released. Thereafter the police was informed, PW 1, Rajendra, P. S. I. , who was attached to the police station, omerga, was on patrolling duty, accompanied by P. I, Yunus Shaikh and other staff members. When they were patrolling in a jeep, at about 2 O'clock, they received wireless message from the police station to the effect that they should immediately to go Balaji Nagar, Omerga along with the staff. At that time, they saw Rajendra Patenge, Rajendra Gaikwad and Sunil Gosavi, who had caught and detained about ten persons who were in one vehicle i. e. trax of white colour bearing No. MH-23-C 880. Then they arrested ten persons. It is also the prosecution case that certain weapons; swords and spanner were received from these accused. It is also prosecution case that certain goods were also received from accused No. 1 Yuvraj, (on Memorandum under section 27). After the investigation was completed, matter was committed to the Court of Sessions, as the trial was exclusively triable by the Sessions Judge. Prosecution examined in all 8 witness. After considering the material on record, learned trial Court convicted the accused for the offence charged with. Being aggrieved thereby, present appeals are filed by the appellants.
(3.) Heard Shri Sapkal, learned Counsel appearing on behalf of the appellant in Criminal Appeal No. 229 of 2005 and Shri Panale, holding for Mrs. Jadhav, learned Counsel appearing in Criminal Appeal No. 407 of 2005 and Shri Dilip bankar Patil, learned Addl. Public Prosecutor.;