RAJESH BRIJESH VERMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two appeals question the conviction of the appellants by the learned Additional Sessions Judge, Mumbai for offences punishable under Sections 365 and 392 r/w Sections 397 and 506 Part-II of the Indian Penal Code (for short, "IPC") and sentences of rigorous imprisonment for seven years with fine of Rs. 500/-, in default further imprisonment for two months on each of the first two counts and rigorous imprisonment for one year with fine of Rs. 100/-, in default further imprisonment for one month on the third count imposed upon the appellants on conclusion of Sessions Case No. 641 of 2008 before him. On 11-6-2008 at about 6:30 p.m. the first informant Rakesh Tripathi was going to his hotel at Santacruz from his home situated at Lokhandwala Complex, Andheri, Mumbai by his car. When he stopped his car at a traffic signal near Aarti Hotel, the appellants, armed with a pistol and chopper, forcibly entered the car. They pointed their weapons at the victim and made the victim drive the car towards Bandra Reclamation Club, D.N. Nagar, Santacruz, Juhu, etc.. At Bandra, appellant Shivpal (accused No. 1) made the victim sit on the rear seat and he took up the driver's seat. They then took the car to a dark place, tied the victim's hands and then snatched his diamond ring, a mobile handset and cash of Rs. 27,000/- from him and got down from the car and fled in an autorickshaw. On 16-6-2008 the Crime Branch, on receiving some information, laid a trap at some Mail where the two appellants and two other persons were caught by the police. Appellant Shivpal was found to be in possession of a pistol, a gold chain, two finger rings, one currency note of Rs. 1,000/- and four currency notes of Rs. 500A, as also a mobile handset. Appellant Rajesh (accused No. 2) was found to be in possession of a hand-kerchief and a dagger with one mobile handset. It is not necessary to recount as to what was seized from accused Nos. 3 and 4, since they have been acquitted by the learned trial Judge. After this the custody of the appellants and the other accused persons was made over to Oshiwara Police Station. Thereafter, at about 8:10 p.m. on 16-6-2008 the first informant Rakesh lodged a report with Oshiwara Police Station about his having been robbed on 11-6-2008. An offence was registered and in the course of investigation the police recovered some more articles at the instance of accused Nos. 3 and 4, who have been acquitted. Appellant Shivpal is alleged to have shown the spot. On completion of the investigation, charge-sheet was sent to the Court of Metropolitan Magistrate, 22nd Court, Andheri, Mumbai, who committed the case to the Court of Sessions at Mumbai.

(2.) The learned Additional Sessions Judge to whom the case was made over charged the appellants of offences punishable under Sections 365 and 392 r/w Section 397 and 506 Part-II of the IPC, as also Sections 3 and 4 r/w Section 25 of the Arms Act. Since all the accused pleaded not guilty, they were put on trial at which the prosecution examined in all seven witnesses in its attempt to bring home guilt of the appellants and the co-accused. After considering the prosecution evidence in the light of defence of false implication raised, the learned trial Judge acquitted accused Nos. 3 and 4 of all the charges. He also acquitted accused Nos. 1 and 2, that is the present appellants of offences punishable under Sections 3 and 4 r/w Section 25 of the Arms Act, but convicted and sentenced them for the other offences, as indicated in the preceding paragraphs. Aggrieved thereby, the appellants are before this Court.

(3.) I have heard the learned counsel for the appellants and the learned Additional Public Prosecutor (for short, "APP") for the State and with their help I have gone through the evidence on record.