SAYED MOHAMMAD OWAISQ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant is hereby assailing correctness, propriety and legality of the order of conviction and sentences passed against him by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 260/1974, whereby he convicted the appellant for committing the offences punishable under sections 120-B, 395, 120-B r/w sections 398, 120-B r/w sections 395 and 397, section 394 r/w sections 120-B and 34, 120-B r/w section 367 of Indian Penal Code. The appellant has been sentenced to undergo rigorous imprisonment for 10 years for the offence punishable under section 120-B r/w section 395 of I. P. C. , rigorous imprisonment for 7 years for offence punishable under section 120-B r/w section 398 of I. P. C. , rigorous imprisonment for 10 years for offence punishable under section 120-B r/w sections 395 and 397 of I. P. C. and rigorous imprisonment of 10 years for offence punishable under section 120-B and section 34 of I. P. C. , rigorous imprisonment of 10 years for offence punishable under section 120-B r/w section 367 of I. P. C. The learned Additional Sessions Judge has directed that the substantive sentences are to turn concurrently. No sentence of fine has been imposed on the appellant.

(2.) THE prosecution case in brief is that in the night between 25-4-1973 to 26-4-1973, the appellant with other co-accused, who were alleged to have been his associates, conspired together to commit the offences of dacoity, voluntarily causing hurt with dangerous weapons in the course of committing the offence of dacoity, conspired for committing the dacoity armed with deadly weapons such as knives etc. conspired for committing the offence of abducation in order to subject the victims to grievous hurt or knowing that they are likely to be subjected to grievous hurt. The prosecution alleged that on 26-4-1973 at 9 a. m. near bus stand of route No. 130 in fort market vicinity, the appellant and his associates made entry in car bearing No. MRX 5924, looted prosecution witnesses Pannalal Amirchand Jain, Babulal Chathmal Jain, Ghisulal Hemachand and Rameshchandra Lalchand driver and snatched away from them some ornaments and cash by using deadly weapons like knives. The prosecution further alleged that the appellant and his associates abducted those prosecution witnesses and took them in the said car, which was belonging to Mangilal Dhanraji, to a lane at Jogeshwari.

(3.) THE prosecution alleged that a Rampuri knife having length of about 14 cms. was recovered at the instance of this appellant, so also two golden rings. It is the case of the prosecution that the prosecution witnesses Pannalal and Ramchandra driver had identified the appellant as one of those dacoits. Test identification parade was held at the instance of Special Executive Magistrate, Nanubhai Jhavari, who was working at that time as Justice of Peace and Special Executive Magistrate in presence of panch witnesses Mohammed Ismail Benegali, Gulab Ghanshamdas Shabani.