SK AHMED SK QUADER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT - accused, who is one of the five accused persons in Crime No. I 441/2001 of Kranti Chowk Police Station, aurangabad, for the offences punishable u/ss. 399, 402 of the Indian Penal Code and Section 4 r/w Section 25 of the Arms Act, 1959, has approached this Court by criminal appeal u/s 374 of the Code of Criminal procedure. 1973, challenging his conviction and sentence at the conclusion of Sessions Case No. 338/2002 by judgment dated 19. 4. 2003 delivered by 4th Ad Hoc Additional Sessions Judge, Aurangabad. The appellant is convicted for offences punishable u/ss 399 and 402 of the Indian Penal Code. He is sentenced to suffer rigorous imprisonment of five years and three years respectively on the two counts. He is also sentenced to fine of Rs. 500/- on each of counts and in default, further rigorous imprisonment for six months and four-months respectively. So far as offence punishable u/s 25 r/w Section 4 of the Arms Act, 1959, he is convicted and sentenced to rigorous imprisonment for six months, fine Rs. 200/, in default, rigorous imprisonment for one month.

(2.) ACCORDING to prosecution story, on 30. 12. 2001 at about 10. 30 p. m. , police Inspector Shri James Ambildhage, attached to Crime Branch, aurangabad, received secret information that 5/6 persons armed with deadly weapons had gathered near electric D. P. located near Sugdicha karkhana in Silk Mill Colony, Aurangabad, in order to commit some offences like dacoity. It is the case of the prosecution that Shri Ambildhage secured. presence of sufficient number of Police personnel including two sub-Inspectors namely M/s Deshmukh and Rajput. Two panchas were secured. One police Jeep nd one hired Jeep were used by the party for approaching the spot by splitting themselves into two teams. As the party reached near the spot, present appellant alongwith four others was seen standing near the electric D. P. As the Policemen and panchas alighted from the Jeeps, all five persons started running away. When Police tried to besiege and apprehend them, they brandished sharp edged weapons, which till then were disguised in their clothes. With the little use of force, Police managed to arrest them and seized the weapons. Present appellant is said to be in possession of Kukri besides an amount of Rs. 500/- on his person. It is said that two out of the five were possessing iron rods and remaining three were possessing sharp weapons. Upon these facts, chargesheet for the offences punishable u. /ss. 399, 402 of the indian Penal Code as also Section 4 r/w Section 25 of the Arms Act, 1959, was filed. Three of the accused, who were not enlarged on bail, were tried separatedly, which was Regular Criminal Case No. 167/2002, of the file of Chief Judicial Magistrate, Aurangabad, subsequently registered as Sessions Case No. 123/2002 on committal. Present appellant and fifth accused were re-arrested due to their absence after being enlarged on bail. Consequently, supplementary chargesheet is filed against present appellant registered as Regular Criminal Case No. 1202/2002 on the file of Cheif judicial Magistrate. Aurangabad, and when committed, registered as Sessions Case No. 338/2002.

(3.) PROSECUTION has relied upon evidence of two Police witnesses namely psi Shri M. R. Deshmukh and PSI Shri A. D. Rajput. One of the panchas namely Sk. Afsar is also examined. All the prosecution witnesses have supported the prosecution story. The defence of the accused is of total denial. In fact, he claimed that he was arrested on 28. 12. 2001 as Nasik alongwith his brother Sk. Amjad and was brought to Aurangabad, detained till 31/12/2001, and ultimately prosecuted with a false case. This is a unique case in a way that accused has entered in the witness box to support this defence theory and also examined his wife.