Case Note & Summary
The appellant, Maruti Bhaga Salonkhe, was convicted under Section 392 read with 397 of the Indian Penal Code (IPC) for robbery with a deadly weapon. The incident occurred on 30 August 1997 at a farm house in Vavarle, Khalapur, Raigad. The complainant, P.W.7 Lancy Jamesh Nazreth, along with his cousin P.W.8 Calveen Benedit and others, were attacked by three persons armed with a chopper, knife, and sword. The assailants demanded Rs. 2 lakhs, inflicted injuries with the weapons, and snatched gold chains, cash, a wrist watch, and champagne bottles. The appellant was identified as one of the assailants. The trial court convicted the appellant, and he appealed. The High Court examined the evidence, including the testimony of P.W.7 and P.W.8, which was found to be consistent and credible. Medical evidence corroborated the injuries. The court held that the prosecution proved its case beyond reasonable doubt and dismissed the appeal, upholding the conviction and sentence of 7 years rigorous imprisonment.
Headnote
A) Criminal Law - Robbery with Deadly Weapon - Section 392 r/w 397 IPC - Conviction upheld - The appellant was convicted for robbery with a deadly weapon (chopper, knife, sword) at a farm house. The court found the eyewitness testimony of P.W.7 and P.W.8 credible and corroborated by medical evidence. The appeal was dismissed. (Paras 1-3)
Issue of Consideration
Whether the conviction of the appellant under Section 392 read with 397 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Section 392 r.w. 397 IPC is upheld.
Law Points
- Robbery with deadly weapon
- Section 392 read with 397 IPC
- Identification of accused
- Credibility of eyewitness testimony
- Medical evidence corroboration
