NAZIM ABDUL REHMAN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned APP for the respondent-State.

(2.) This appeal challenges the judgment and order of conviction dtd. 19/10/1996 of learned Additional Sessions Judge, Greater Mumbai, against the present appellant who is the accused no.1. The accused who are four in number were charged by the trial Court for the offence punishable under Sec. 452 read with 34, under Sec. 394 read with Sec. 34, under Sec. 397 of the Indian Penal Code (hereafter 'IPC' for short) and Sec. 3 read with Sec. 25 of the Indian Arms Act. The trial Court convicted the appellant and other accused for the offence punishable under Sec. 452 read with 34 of the IPC and sentenced them to suffer rigorous imprisonment for five years and to pay a fine of Rs.1000.00 by each of them, in default to suffer further rigorous imprisonment for six months. The appellant was further convicted for the offence charged against him punishable under Sec. 25 (1-B) sub-sec. (a) read with Sec. 3 of the Arms Act and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.2000.00, in default to suffer rigorous imprisonment for nine months. The appellant was acquitted for the offence charged against him and other accused punishable under Sec. 394 read with 34 of the IPC as well as Sec. 397 of the IPC.

(3.) The prosecution case in brief is as follows:-