RAJKUMAR BHIKAM DHOBI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE appeals arise out of order of conviction and sentence of the respective appellants in Sessions Case No. 356 of 1989 recorded by the learned Additional Sessions Judge, Greater Bombay, dated 31. 3. 1992.

(2.) THERE were two separate incidents of robbery in quick succession at Lala Lajpat Rai Road, Worli, Bombay on the night of 16. 8. 1988. In the first incident two persons i. e. Harish Jagtap (P. W. 1) and Vasant Gaikwad (P. W. 4) were robbed of their wrist watches. In the second incident, Rajmanikam (P. W. 2) was robbed of his wrist watch. The appellants in these appeals were prosecuted for those 3 robberies in the aforesaid Sessions Case. For the three offences, each of the appellants was separately convicted under section 392 read with section 34 I. P. C. For the first two robberies in respect of P. W. 1 and P. W. 4, the appellants have been convicted under section 392 read with section 34 I. P. C. and a sentence of R. I. for 5 years and a fine of Rs. 200/- in default a sentence of further R. I. for 2 months has been imposed on each of the appellants. Further, accused nos. 1, 3 and 4 have also been convicted under section 392 read with section 397 I. P. C. for which a sentence of R. I. for 7 years has been imposed on each of the appellant-accused Nos. 1, 3 and 4. For the robbery in respect of Rajmanikam (P. W. 2) also, the appellants have been convicted under section 392 read with section 34 I. P. C. and a sentence of R. I. for 5 years and a fine of Rs. 100/-, in default a sentence of further R. I. for 1 month has been imposed on each of the appellants Additionally accused Nos. 2 and 4 have been convicted under section 392 read with section 397 I. P. C. and a sentence of R. I. for 7 years has been imposed on each of the said accused. The substantive sentences of each of the appellants have been ordered to run concurrently.

(3.) APPEAL No. 331 of 1992 has been preferred by original accused No. 3 Rajkumar Bhikam Dhabi against his conviction and the sentences imposed upon him.