(1.) The appeal is directed against the judgment and order dated 5th December, 2011 delivered by the learned Ad-hoc Additional Sessions Judge, Sewree, Mumbai in Session Case No. 507 of 2011 convicting the appellant for commission of offences punishable under Sections 392 read with Sections 397, 394, 452 and 342 of Indian Penal Code and sentencing him to suffer rigorous imprisonment for eight years and to pay fine of Rs. 3,000/- and in default of payment of fine to suffer rigorous imprisonment for six months on the first count; and to suffer rigorous imprisonment for three years and to pay fine of Rs. 2,000/- and in default of payment of fine to suffer rigorous imprisonment for three months on the second count; and to suffer rigorous imprisonment for one year and to pay fine of Rs. 1,000/- and in default of payment of fine to suffer rigorous imprisonment for two months on the third count; and to suffer rigorous imprisonment for two months and to pay fine of Rs. 500/- and in default of payment of fine to suffer rigorous imprisonment for one month on the fourth count; and ordering substantive sentences imposed to run concurrently and awarding a compensation of Rs. 3,000/- to victim/Respondent No. 3 out of the fine amount recovered from the appellant. The said prosecution emerged out of the charge-sheet filed by PW-11 PI. Chandrakant Dhanaji Khanvilkar on the conclusion of investigation of Crime No. 59 of 2011 for offences punishable under Section 392 read with Sections 397. 394, 452 & 342 of IPC, upon the F.I.R.(Exh.-9) lodged by Respondent No. 3 on 22nd March, 2011 regarding the incident which had occurred on the same day at her house i.e. Flat No. 1301, 13th Floor, Hafizuddin Marg, Irfan Palace, Byculla, Mumbai in which the appellant after making preparation to commit offences had entered in said flat and on point of knife robbed her of two gold chains. PW-11 on conclusion of investigation had submitted charge-sheet against the appellant in the Court of learned Metropolitan Magistrate, Mazgaon, Mumbai and the said Court had committed the case registered therein involving the offences triable by the Court of Session, to said Court.
(2.) The appellant pleaded not guilty to charge(Exh-2) framed by the Court of Sessions for offences punishable under Sections 392 read with 397, 394, 452 and 342 of Indian Penal Code and claimed to be tried.
(3.) The prosecution in support of its case examined in all 12 witnesses i.e. victim PW-1 Parvin Hasan Rajak Shaikh; her husband PW-2 Dr. Hasan Rajak Siddique; PW-5 Shabana Abdul Hannan Ansari who was working in their flat as maid servant with PW-1 and present at the time of incident; PW-3 Tariq Amin Khan, a shop-keeper who had apprehended the appellant while running away from the place of offence and then being chased by a watchman; PW-9 Natharam Manaram Choudhary from whom the appellant had purchased chilly powder; PW-4 Mohmood Farooq Hanif Tai, a panch witness for spot panchanama(Exh-16); PW-6 Arun Pandurang More in whose presence the weapon of offence article knife was seized by the police; PW-7 Dr. Pranav Raman Chickermane from Nair hospital who had examined victim PW-1 soon after the incident and PW-8 Dr. Hunaid Inayat Hatimi from same hospital who had examined the appellant regarding multiple injuries sustained by him in assault affected by crowd gathered. The prosecution also adduced the evidence of investigating officer PW-10 PSI. Surjerao Shamrao Kubhar who had carried out the initial investigation and PW-11 Chandrakant Dhanaji Khanvilkar and later on submitted the charge-sheet and so also that of PW-12 Inamji Maharya Gavit, a police constable who had carried packets of muddemal seized during the investigation to chemical analyzer.