JOGINDER SINGH SHIVRAM SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE three Appeals have been preferred by 5 of the accused persons who were tried by the Additional Sessions Judge, greater Bombay, and who have been convicted and sentenced by him by a common judgment and order dated 21st March 1995. Initially, 12 accused persons were committed to the Court of Sessions to stand their trial but 5 of them viz. , accused Nos. 8 to 12 were discharged under Section 227 of the Code of Criminal Procedure by order dated 19th December 1994. The remaining 7 accused were tried by the learned Additional Sessions Judge, and of them, two have been acquitted viz. , Kalvindersingh @ Bindu Anoksingh (Accused No. 5) and Chandrakant Ganpati Chothe (Accused No. 7).

(2.) CRIMINAL Appeal No. 1300 of 1995 has been preferred by appellants Joginder Singh Shivram Singh (accused No. 1), Kaka Singh @ Gandhi Palaram Valmiki (accused No. 2) and Kashmir Singh Maulab Singh (accused No. 3 ). CRIMINAL Appeal No. 186 of 1995 has been preferred by Baban Narayan Salunke (accused No. 4) while CRIMINAL Appeal No. 191 of 1995 has been preferred by Pandit Shankar Takle (accused No. 6 ). All the appellants have been convicted of the offence under Section 120/b of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 5 years each. They are also convicted of the offence under Section 148 I. P. C. and sentenced to undergo rigorous imprisonment for 3 years each. They have further been sentenced to undergo rigorous imprisonment for 7 years for the offence under Section 307 read with Section 120/b I. P. C. All of them have been sentenced to life imprisonment for the offence under Section 302 read with 120/b I. P. C. They have also been sentenced to rigorous imprisonment for one year under Section 201 read with 120/b I. P. C. Accused Nos. 1,2 and 3 have been further sentenced to undergo rigorous imprisonment for 10 years for the offence under Section 396 I. P. C. while accused No. 4 has been sentenced to undergo rigorous imprisonment for 3 years under Section 474 I. P. C. , and to pay a fine of Rs. 1,000/-, in default to undergo rigorous imprisonment for 6 months. Accused No. 6 has been sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 25,000/-, in default, to undergo rigorous imprisonment for 6 months under Section 414 I. P. C. He has also been sentenced to undergo rigorous imprisonment for 3 years under Section 412 I. P. C. and to pay a fine of Rs. 75,000/-, in default, to undergo rigorous imprisonment for 2 years. All the sentences have been directed to run concurrently.

(3.) FROM the evidence of P. W. 15, Dhondiram, also a truck driver, it appears that he noticed the truck bearing registration No. MHQ 3835 standing by the side of the Satara-Koregaon road. Since P. W. 15 was a driver of a truck which used to transport gas cylinders between Bombay and Koregaon, he could recognize the truck in question, and he was surprised to find that truck on the Satara-Koregaon road because he knew that the truck used to ply between Bombay and Pune. He, therefore, stopped his truck and found that there was no one in truck No. MHQ 3835. He, therefore, drove to Koregaon, parked his truck at the octroi post and then went to Police Station, Koregaon at about 12. 30 p. m. and gave informatin about having seen the truck standing by the road side on the road leading to Satara.