MICHEL ANTHONY NADAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The learned Additional Sessions Judge, Greater Bombay, convicted accused nos.1 and 2, appellants herein, for the ofences punishable under Sections 392 read with Section 34 of the Indian Penal Code, 1860 and sentenced to sufer rigorous imprisonment for four years and fne of Rs.100/- each with default stipulation.

(2.) Briefly stated, prosecution case is that on 9th June, 1995, at about 12 noon, Dipendra R. Shah (P.W.1) and his ofce colleague, Vilas Chavan were travelling on scooter on Western Express Highway towards South Mumbai. A Maruti car came from behind and dashed the scooter, as a consequence, Shah and Chavan fell down. Whereupon three persons alighted from the car, each of them were armed with chopper. One of those persons, cut the rope by which brief-case of Shah, one that was tied to the scooter and took away brief-case with Rs.13,400/- kept therein. Another person snatched bag of Vilas Chavan and fled the scene of ofence. That while carrying away, the brief-case, accused put Mr. Shah and Chavan in fear of hurt by waiving and brandishing the weapons. It appears incident was reported on telephone to the police by Mr. Shah from one shop, which was near the place of incident. Thereafter, witnesses lodged the report to Vile-Parle Police Station whereupon the crime came to be registered against the unknown persons under Sections 397, 307, 392 read with Section 34 of the IPC. In the course of the investigation, appellant-accused nos.1 and 2 were arrested on transfer warrant on 11th January, 1996. Thereafter, on 3rd February, 1996, a test identifcation parade was held wherein P.W.1 and P.W.2 identifed the accused. Be that as it may, it is reported that the accused no.3 has absconded after releasing him on bail and his whereabouts are not known.

(3.) The learned Trial Judge on 21st January, 1998 framed the charge under Sections 397, 392 read with Section 34 of the IPC; and thereafter on 11th February, 1998, charge under Section 307 of the IPC was also framed The learned Trial Court upon appreciating the evidence, acquitted the accused of the ofences punishable under Sections 397 and 307 of IPC, but convicted for an ofence punishable under Section 392 of IPC and sentenced to sufer rigorous imprisonment for four years vide judgment and order dated 27th March, 1998. Against conviction and sentence, this appeal is preferred.