JAGAN RAMSINGH NEPALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant arraigned as accused No. 1 in a Sessions Case challenges the conviction and sentence recorded against him for the alleged commission of offences punishable under sections 392 and 397 read with 34 of the Indian Penal Code.

(2.) ON 7-7-1985, P. Ws. 2 and 3 who are man and wife had gone for a picnic alongwith their son and daughter named Nikhil and Nilanjana respectively to the Sanjay Gandhi National Park at Borivli. P. W. 3 Jambunathan was carrying on his person a sum of Rs. 200/- and Nirmala his wife had on her person ornaments, being four gold bangles with two in each hand, a gold ring and mangalsutra also of gold. While the family was picnicking at their favourite spot, they were horrified to see four miscreants making their way towards the family. One of the miscreants was flourishing a sword while the others were otherwise armed. The sword-weilding person was the appellant and flourishing it, he managed to extract from the couple the aforementioned articles. The culprits made good their escape after collecting the above booty.

(3.) JAMBUNATHAN went to the Dahisar Police Station where he lodged a report which is at Exhibit 11. An offence was registered and P. W. 5 P. S. I. Pawar went with panchas to the scene of offence where he drew up the panchnama which is at Exhibit 9. The further investigation was handed over to P. W. 6 P. S. I. Suryavanshi. The commission of several robberies in the area indicated the existence of a gang at work. P. S. I. Suryavanshi was attached to a special squad and he was in search of the culprits. On 13-7-1985, the appellant and his co-accused were arrested. The appellant gave a statement in pursuance whereof, the police were led to Sony Jewellers of Mulund. Here, on being so required, the shopkeeper produced two gold bangles and a gold chain which are Articles 1 and 2. These were said to be articles prepared from out of the metal yielded by the melting of four gold bangles and a mangalsutra received by the jeweller from the appellant. In due course, the complicity of accused Nos. 2 to 4 was also revealed. An identification was held on 15-7-1985 and the investigation over, a charge-sheet came to be lodged against the appellant and his three companions. After the usual enquiry, the foursome were committed to stand trial at the Sessions Court at Thane.