SHIVKUMAR RAVIKUMAR GAUDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the order dated 03-04-2000 passed by the Additional Sessions Judge, Bombay in Sessions Case No. 291 of 1998 convicting the appellant/accused, the appellant has preferred this appeal on the grounds mentioned in the memo of appeal as also orally canvassed before us.

(2.) THIS appeal was filed through jail and therefore advocate of this court was appointed to assist the court at the time of final hearing. However the advocate is not present today. Therefore with the assistance of the learned Additional P. P. Ms. U. V. Kejariwal, we have scrutinised the record and re-appreciated the entire evidence on record.

(3.) THE prosecution has examined three eye-witnesses to give eye-witnesses account of what exactly transpired on6th October, 1997 in their office. THEy described how commotion took place, how accused persons went about robbing the people around and how they were overpowered. P. W.1 Keki is one of the partners who describes correctly how the accused persons entered the office and by use of weapon committed the robbery. He points out how they were overpowered and handed over to the Police.