BABULAL JAIRAM MAURYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal takes exception to the conviction and sentences recorded against the appellants for the offences punishable under sections 392 and 342 read with 34 and 397 of the Indian Penal Code.

(2.) THE prosecution case is that complainant - P. W. 1 Rajendrakumar is in the business of diamond polishing. His workshop is located at Shop No. 10, Tulsi Vrindavan Building, L. T. Road, Borivli (West), Bombay. For the purpose of polishing diamonds there is a work force of about 10-12 employees - some of them being related to the employer. The rest of the employees use the workshop also for sleeping at nights. The normal working hours of the workshop are 8. 00 a. m. to 8. 00 p. m. Rajendrakumar gets unpolished diamonds from his customers and returns the same to them after the polishing has been completed.

(3.) THE incident figuring in this appeal took place on 22nd August 1985. Inside the cabin of the employer were Rajendrakumar and a friend of his Karsanbhai. All the employees were inside except one who had left the shop a little early to attend to a guest. At about 10 minutes past 8. 00 p. m. the inmates of Shop No. 10 were surprised by the arrival of appellants Babulal and Michael. Babulal was flourishing a knife while Michael had with him what looked like a pistol. The frightened inmates of the shop were over-awed by the armed appellants who therefore managed to take away seven packets containing diamonds-rough and polished both. After doing their deed, the culprits fled. Rajendrakumar went to the Borivli Police Station and there lodged a report which is at Ex. 6. An offence was registered. The police arrested Babulal on 30-8-1985 and Michael on 31-8-1985. While in police custody both gave statements. So far as Michael is concerned, his statement is at Ex. 16 and it led to the recovery of the knife and the toy pistol used in the commission of the crime. Babulal gave out that he had made over diamonds to a resident of Malad who had been entrusted the task of disposing them of. He agreed and led the police and the panchas to the Malad man. It was P. W. 6 Adityanath and Adityanath in turn had made over the diamonds to different persons. The entire booty was recovered and attached under Exs. 18 to 22. On 5-9-1985 at the request of the police, the Executive Magistrate P. W. 10 Mulye scheduled an identification parade. In this parade the victims identified Babulal and Michael as those who had participated in the robbery using for that purpose a knife and what looked like a pistol. True copy of the identification memorandum is at Ex. 28. The Investigating Officer has established that the original of Ex. 28 has been misplaced and that renders Ex. 28 admissible in evidence. After completion of the investigation a charge-sheet was lodged and in due course Babulal and Michael found themselves before an Additional Sessions Judge of Greater Bombay.