ASPAQUE JAMIL KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal filed through jail. It has been expedited and fixed peremptorily for hearing on the ground that the sentence was passed on 28th September, 1990 and that it is likely to run out. The appellant along with two others was originally charged with having committed offences under sections 392 read with 34 I. P. C. and 397 read with 34 I. P. C. The learned VIIth Additional Sessions Judge, Thane, acquitted the accused of the offence under section 397 I. P. C. and convicted them under section 392 read with 34 I. P. C. and imposed a sentence of two years R. I. and a fine of Rs. 500/- in default to under R. I. for six months.

(2.) THE facts of this case present a situation of considerable seriousness but it needs to be said at the very outset, that the Railway police authorities at Karjat to whom the matter was reported to had done an admirable job in having apprehended that accused within the minimum possible time and in having recovered the property that had ben taken away by them at knife point. The incident in question took place on the 10th of November, 1989 in the 307 Down Koyna Express between Neral and Karjat stations. The complainant Gnyaneshwar Sopan Sonwane is a vegetable vendor who comes to Bombay from Pune along with a group of other vendors. These persons, after selling their vegetables at Bombay, collect the sale proceeds not only on their behalf but also on behalf of those merchants at Pune whose vegetables they bring to Bombay. The system appears to be that each of the amounts was put in a separate envelope with the name of the party written on it and all the envelopes containing the money used to be put into a cloth bag. The complainant and his companions had boarded the Koyna Express in the morning of that day at Dadar station. When the train was moving between Neral and Karjat stations, the three accused who were in the compartment took out knives and threatened the complainant and others at knife point and snatched the cloth bag containing the money. Obviously, they were professionals at this job because, they were aware of the exact point at which the train would slow down, and immediately after snatching the cloth bag, the three accused jumped out of the train. Gnyaneshwar along with his companions reported the matter to the Railway police at Karjat. Immediately on the complaint being taken down, the police swung into action and having regard to the facts of the case, were aware that if they were quick enough, it would be possible to apprehend the accused along with the cloth bag. For this purpose, the complainant and the police officials immediately procceded in a rickshaw towards Neral and intercepted and checked each and every vehicle that was passing. On checking one of the buses, the complainant pointed out to the police that the three accused were seated in the bus on the back seat. The accused were thereupon apprehended and a black coloured rexine bag was also recovered. There is some dispute as to whether rexine bag was recovered from inside, whether it was under the seat or whether it was kept on the lap of one of the accused as alleged. On the police checking the contents of the bag, the cloth bag containing the envelops with all the amounts of money were recovered intact. A panchnama was drawn up by the police, the accused were placed under arrest and they were subsequently put on trial.

(3.) THE learned Additional Sessions Judge has acquitted the accused of the charge under section 397 I. P. C. on the solitary ground that no injuries had been caused to anybody even though the accused had brandished knives and committed the offence at knife point. Having regard to the age of the accused and some other factors, a sentence of two years R. I. and a fine of Rs. 500/- has been imposed on the accused. Unfortunately, there is no enhancement notice in this case and therefore, it would not be possible even if the conviction stands confirmed to enhance the sentence that has been awarded by the Sessions Court.