ARVIND Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Applicant herein was tried along with two others by Ad hoc Assistant Sessions Judge in Sessions Case No. 713/2006 for offences punishable under sections 452, 393, 394,398,307 r/w. 34 of Indian Penal Code and section 3 r/w. 25/27 of the Indian Arms Act. Learned Ad-hoc Assistant Sessions Judge was pleased to acquit the original accused No. 2 of all the charges levelled against him. Original accused No. 3 had died. Present applicant was convicted of all the charges levelled against him and sentenced to undergo rigorous imprisonment for three years and pay fine of Rs. 5,000/- i.d. to suffer simple imprisonment for one year, for offence punishable under section 452 r/w. 34 of Indian Penal Code. He was sentenced to undergo rigorous imprisonment for seven years and fine of Rs. 5,000/- i.d. to suffer simple imprisonment for one year for offence under section 394 & 398 of Indian Penal Code and 326 r/w. 34 of Indian Penal Code on each count. For offence under section 3 r/w. 25 of the Indian Arms Act, he was sentenced to undergo rigorous imprisonment for three years and fine of Rs. 1,000/- i.d. to suffer simple imprisonment for six months vide Judgment and Order dated 15/11/2007. Being aggrieved by the said Judgment and Order, applicant herein had filed Criminal Appeal No. 674/2007 before Sessions Court. Learned Additional Sessions Judge, Greater Bombay, vide Judgment and Order dated 03/03/2010 was pleased to dismiss the appeal. Hence, this Revision Application.

(2.) Such of the facts necessary for the decision of this Revision Application are as follows.

(3.) One Zaverilal Bhansali along with Ramesh Bhansali runs a Jewellers shop at Mulji House. Mumbai in the name and style of 'Mahavir Associates'. Mangilal Bhansali, their cousin also runs jewellers shop in the name of "Mahavir Jewellers" at Prabhadevi road. On 04/04/2006, at about 2.00 pm, Zaverilal and Ramesh were in the shop. Mangilal had been to their shop. Two persons intruded into the shop, brandished their pistols and asked the brothers to hand over all the gold and silver ornaments from the shop. Mangilal and Zaverilal raised cries. They blew the siren in the shop. They grappled the first intruder. One of the associates of two intruders was standing guard outside the shop. Upon hearing the shouts and siren, the second intruder ran out of the shop. In the meanwhile, the brothers had apprehended the first intruder. After second intruder had run out of the shop, the glass was broken and three rounds of revolver were fired from outside. One of the rounds had struck Zaverilal on the right thigh and he fell down. The first intruder attempted to flee from the shop, however, he collided with the person outside who caught hold of him, however, other two accused accompanying the first intruder had succeeded in fleeing away. The people who gathered near the shop had taken the accused to Prabhadevi Police Station. In the meanwhile, one person was knocked down by the motor cyclist in an accident. The injured was brought to Prabhadevi Police Station. It appeared that he was also partisan in the said offence. Fire arms were recorded from both the accused. Zaverilal was taken to Hinduja Hospital. Mangilal was present in the hospital. He narrated the incident to the police. On the basis of the report of Mangilal, Crime No. 123/2006 was registered against the accused. Investigation was set in motion. After completion of investigation, charge-sheet was filed against accused. In the course of investigation, Test Identification Parade was held and the witnesses had identified the accused.