SHAKIL @ GOLU SHAKUR MEWATI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the appeals are filed against the judgment and order of Sessions Case No. 194/2009, which was pending in the Court of Additional Sessions Judge, Jalgaon. The Sessions Court has convicted and sentenced the appellants from both the appeals for offences punishable under section 394 and 397 of Indian Penal Code. Both the sides are heard. This Court has perused the original record of the case.

(2.) In short, the facts leading to the institution of the present proceedings can be stated as follows :-

(3.) When the taxi crossed the distance of 10 to 15 k.m., one of the accused started complaining that he had a feeling of vomitting. Ashok stopped the taxi, but the accused did not vomit and so Ashok again started the taxi and started proceeding towards Jalgaon. After crossing Patherkheda and when the taxi was on highway, the same accused again started complaining that he had a feeling of vomitting. When Ashok stopped the taxi, this accused alighted from the taxi and rushed towards driver side of the taxi and started making attempts to open the door on that side. In the meantime, one of the accused who was sitting on the back seat, hit something on the head of Ashok. A revolver was also shown to Ashok. Ashok sustained bleeding injury and he somehow came out of taxi. As soon as Ashok came out from the taxi, the accused who had alighted from the taxi occupied driver's seat and the three accused took the taxi towards Erandol. It was at about 12.00 noon.