IRSHAD KAMRUDDIN SHAIKH Vs. THE 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.) P .W. 1 Chandrakant Dethe was attached to Malad Police Station. On 16/02/2001, he was a member of detection staff. He had accompanied P.S.I. More to Orlum Church, Malad. The informant had shown the suspected persons to P.S.I. More and they were nabbed. P.W. 1 has given the details of the articles which were seized. It is admitted in the cross -examination that the accused were apprehended at a crowded place. The police officers had not called any panchas at the time when the accused were taken into custody. The officers had left the police station at 5.30 p.m. The distance between the police station and spot of incident is half miles. No groups were formed. He has deposed that when they were made an attempt to nab the accused, there was a commotion and everybody was running helter -skelter. He is certain that they had nabbed 3 accused out of the crowd. However, he could not state, who caught whom. It appears that they had nabbed 3 persons from the crowd. There is no arrest panchanama.