KUMAR RAMU RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the Judgment and order dtd. 30/01/2019 passed by learned Additional Sessions Judge, Greater Mumbai, in Sessions Case No.625 of 2017. The appellant was convicted and sentenced as follows:

(2.) Heard Shri. Manas Gawankar, learned Appointed Advocate for the Appellant and Shri. Agarkar, learned APP for the State/Respondent No.1. The Respondent No.2 is served.

(3.) The prosecution case is that, on 17/07/2017, at about 5.25p.m., PW-2 Dinesh Chougule was getting down from the local train at Elphinstone Road railway station. The appellant snatched a mobile phone from his hands. Dinesh Chougule and some passengers followed him. He was apprehended. He was brought to the cabin of the Station Master. The police officers were informed. When he was being arrested, he resisted. He broke a glass and tried to attack the police officers causing incised injury to one of them. He bit the left leg of one Sandip Tilwe who had brought him to the Station Master's cabin. Sandip Tilwe and the police officer Kale were sent for medical examination at Nair hospital. After that, the police officer Kale lodged the F.I.R. vide C.R.No.528 of 2017 at Mumbai Central railway police station. The appellant was already arrested. The investigation was carried out. The statements of the witnesses were recorded. The medical certificates of the injured were collected. The mobile handset was recovered from the pocket of the appellant at the time of his arrest. After completion of the investigation the charge-sheet was filed. The case was committed to the Court of Sessions.