GORAKH PANDURANG MARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these Appeals may be disposed of by common Judgment as the accused persons have challenged the same Judgment and order whereby the accused Nos. 1, 2 and 4 were convicted for the offence punishable under Section 394 read with Section 397 and Sec. 34 IPC and were sentenced to undergo R.I. for eight years and to pay fine of Rs.5,000/- each by the learned 13th Adhoc Assistant Sessions Judge, Pune, in Sessions Case No. 174 of 2001.

(2.) The prosecution case, in brief, is that PW-1 Dattatraya Shinde was on duty at a petrol pump known as "Poonam Automobiles" situated at Mangadewadi, Katraj, Pune, during the night between 16th and 17th December, 2000. There were several staff members present at the petrol pump. At about 4 or 4.30 a.m., on 17/12/2000, a Tata Sumo of white colour bearing No. MH-15/AH-2345 came to the petrol pump. Besides the driver, two more persons were present in the vehicle. The driver asked PW-1 Dattatraya to fill in diesel of Rs.800.00. Accordingly, he filled diesel. During that time, other two persons also came out from the vehicle and all these three persons, who were identified as accused Nos. 1, 2 and 4, beat PW-1 Dattatraya and asked him as to where was the manager and where were the keys. The accused No.4, who was the driver, assaulted on the back and legs of Dattatraya with a Tommy or an iron rod. They also disconnected telephone lines. Certain other workers, who were sleeping, woke up due to kicking and due to enquiry about the keys of the Chest or treasury. Accused Nos.1 and 2 were also armed with pistols. The accused persons moved the Chest upto the door of the cabin, but as it was very heavy, they could not move it out and they forced the other workers to help them in removing the Chest and loading in the vehicle of the accused persons. Then the accused persons went away by the vehicle towards Pune side. After the incident, the matter was reported to the police. Exhibit 128 is the FIR lodged by PW-1 Dattatraya. During investigation, in all four persons were arrested by the police. They included accused No.3, who was acquitted by the trial Court. During investigation, accused Nos. 1,2 and 4 were identified by the witnesses from that petrol pump. The Chest was recovered. Different amounts of cash were recovered at the instance of the accused persons. After investigation, charge-sheet was field and then the case 4 Cri-A-558-512-04.sxw was committed to the Court of Sessions. On behalf of prosecution, in all 19 witnesses were examined. Several documents were placed on record. After hearing the parties, the trial Court convicted and sentenced accused Nos. 1, 2 and 4 as stated earlier, while accused No.3 was acquitted for want of any evidence.

(3.) Accused Nos. 1 and 2 filed Criminal Appeal No.558/2004, while accused No.4 preferred Criminal Appeal No.512/2004. At the outset, it may be stated that Mr. S.M.Suryavanshi, Advocate, through whom the Appeal was filed by accused No.1 and 2 did not turn up at the time of final hearing of the Appeal. However, Mr. S.V.Kotwal, Advocate, for the accused No.4, on request of the Court, argued the case on behalf of the accused Nos. 1 and 2 also.