ARUN VINAYAK GHARKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants are hereby assailing the correctness, propriety and legality of the order of conviction and sentence passed by the Additional Sessions judge, Greater Mumbai in Sessions Case No. 246 of 1995 wherein the appellants have been convicted for the offences punishable under the provisions of Section 399, IPC and sentenced to undergo RI for three years and to pay a fine of Rs. 500/-, in default to undergo further RI for two months.

(2.) THE prosecution case in brief that on 9-11-1994 at about 9 a. m. or so PSI Sanjay satardekar got the information from his reliable sources that some persons are likely to commit dacoity at Vaibhav Co-operative bank Ltd. , situated on L. B. S. Marg, Mulund (East), Mumbai. PSI Sanjay Satardekar collected his colleagues, panch witnesses and took a jeep and ambassador car and ambushed near the bus stop near the said bank. Those accused were to come by Maruti van bearing No. MFA 4173. The said van came near the bus stop and some persons including the appellants, as per prosecution case, boarded down from the said van. Mr. Gharkar told his associates that they should be ready with weapons and as soon as the cashier comes out from the said Bank they were to loot him. The raiding party immediately attempted to catch them but some of the culprits ran away and out of them the present appellant Nos. 1, 2 and 3 were caught at the spot. A panchanama was prepared in the offence. The appellant Nos. 1 and 2 were found in possession of knives in their pockets, appellant No. 3, as per the prosecution case, was the drive of the said van.

(3.) THE learned trial Judge after appreciating the evidence of the prosecution witnesses, examined for proving the guilt of the appellants, held them guilty of the charge framed against them and passed the order of conviction and sentence as mentioned above.