ANIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal arises out of judgment and order of conviction and sentence dated 12.09.2007 passed by the Sessions Judge, Nagpur in Sessions Trial No.132/2007 whereby, the accused appellant herein was convicted for an offence punishable under S.307 r/w S.34 and under S.397 r/w S.34 of the Indian Penal Code (For short "IPC"). For the offence punishable under S.397 r/w S.34 of the IPC,he was awarded rigorous imprisonment for seven years and for the offence punishable under S.307 r/w S.34 he was sentenced to suffer rigorous imprisonment for four years. Both the sentences were ordered to run concurrently.

(2.) Briefly stated, the prosecution case is as under: On 28.11.2006 at about 11.00 p.m., PW1 Imran Khan was returning to his house via LIC square, Nagpur. When he reached near the LIC square, two persons riding on motorcycle stopped him and demanded his mobile. When he refused to part with it, one of the culprits dealt blow of knife on his abdomen. PW1 Imran Khan raised alarm, which attracted passers by. One of the culprits was caught hold by PW1 Imran Khan. Others succeeded in fleeing away. Police also arrived on the spot. PW1 Imran Khan was carried to Mayo Hospital where his statement was recorded and on that basis offence was registered with Police Station, Sadar, Nagpur. The accused, who was apprehended on the spot was carried to Police Station and was interrogated.

(3.) On 29.11.2006, Rohit A2 was arrested. During investigation, spot was inspected by Police in presence of Panchas. One knife and one motorcycle found lying on the spot were seized. The statements of witnesses were recorded. The complainant, who was admitted as an indoor patient, was discharged on 05.12.2006. Mushtaq A3 was arrested on 21.12.2006. At his instance, one motorcycle, mobile handset and clothes were seized. After investigation, chargesheet was submitted.