CHANDRA SUDHAKAR SHETTY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of the Appellants and the learned APP for the State.

(2.) The Appellants have been convicted for the offence punishable under section 395 r/w. 397 of the Indian Penal Code and they were sentenced to suffer R.I. for seven years and to pay fine of Rs.2,000/- each and, in default, to suffer further R.I. for six months.

(3.) The prosecution case in brief is that the Complainant - PW-1 Maheshkumar Parmeshwarlal Khedwal was distributing Diwali bonus in his office, at that time, 7 to 8 persons entered the office and took out revolvers and knives and on the point of that, threatened the Complainant and took away the cash which was to be distributed by him. The Appellants were arrested in connection with another robbery which had taken place and during the investigation and interrogation, they confessed that they had also committed the robbery which had taken place in the office of the Complainant. The Appellants were arrested on 28.11.1997 by the Dombivali Police. Charge was framed against the Appellants. The Appellants not pleaded guilty to the said charge. Prosecution examined 9 witnesses, out of which, two witnesses are the eye-witnesses to the said incident viz. PW-1 and PW-3. Test identification parade was held after two months on 28.1.1998. Only PW-1 attended the test identification parade. The other eye-witnesses did not attend the test identification parade. PW-1 identified the Appellants in the test identification parade and also identified them in the Court. PW-3 also identified the Appellants in the Court. There were recovery of cash amount of Rs. 10,000/- from the accused. On the basis of the statements of PW-1 and PW-3 and on account of the identification of the Appellants in the test identification parade, the Trial Court held that the prosecution has proved its case beyond reasonable doubt and, therefore, convicted the accused under section 395 r/w. 397 of the Indian Penal Code and they were sentenced to suffer R.I. for seven years and to pay fine of Rs.2,000/- each and, in default, to suffer further R.I. for six months.