MOHD IRSHAD KAMRUDDIN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants herein are convicted for offence punishable under section 399 of Indian Penal Code and are sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 1,000/- i.d. to further rigorous imprisonment for one month. They are further convicted for offence punishable under section 402 of Indian Penal Code and are sentenced to suffer rigorous imprisonment for 7 years and to pay fine of Rs. 500/- i.d. to further rigorous imprisonment for 15 days. They are also convicted for offence punishable under section 3 r.w. 25 of Arms Act and are sentenced to suffer rigorous imprisonment for 2 years and to pay fine of Rs. 500/- i.d. to suffer rigorous imprisonment for 15 days in Sessions Case No. 514/2006 by Additional Sessions Judge, Sewree, Mumbai vide Judgment and Order dated 20/06/2007. Hence this appeal. Such of the facts which are necessary for the decision of this appeal are as follows:

(2.) On 16/02/2001, P.S.I. Vilas More received an information that some persons were going to Orlum Church, Malad to commit dacoity and that they were armed with weapons. P.S.I. More immediately apprised his senior officer about the said information and along with police staff, he proceeded to the said sight. The informant had pointed out 3 persons. Vilas More over heard the conversation. The accused was prepared to commit dacoity at Mani Ratnam Jewellers at Marve road. Accused No. 3 was saying that 2 more persons were to arrive to carry out the said commission. The accused No. 1 had signaled 2 persons. At that juncture, P.S.I. Vilas More, P.I. Anand Kamble with the help of their staff had nabbed the 3 accused. However, the persons who were on the motor cycle had fled away.

(3.) During the search of accused No. 1, P.S.I. Found a pistol loaded with 6 cartridges in his pant pocket. He also had revolver and a bag with 4 rounds and 2 choppers, one cell-phone and number plates of vehicles. Accused No. 2 was found in possession of one revolver with 6 rounds and one pager. Accused No. 3 was also found in possession of revolver with 6 rounds. The weapon was seized. The police officers brought the three accused along with weapons to the police station. P.S.I. Vilas More lodged F.I.R. on behalf of the State which is marked at Exhibit 24. At the behest of the accused, several weapons, map and other incriminating articles were seized from room No. 12, Four Bunglow, Andheri (West) which were produced by Anjali Rathod under seizure panchanama Exhibit 25. Crime No. 76/2001 was registered against the accused. The investigation was completed and chargesheet was filed on 26/04/2001. The case was committed to the Court of Sessions and registered as Sessions Case No. 514/2006. The prosecution examined 7 witnesses to bring home the guilt to the accused.