VILAS VASANTRAO PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) VILAS Vasantrao Patil, Sharmaraj Pandian Nadar, Santosh Babu Shetty and Ashok Rajaram wadekar, original accused Nos. 1 to 4, respectively, were charged under Section 395, in the alternative under Section 392 read with Section 34 of the I. P. C. , for along with an absconding autorickshaw driver, in furtherance of their common intention, having robbed Sanju s/o Vel yadan Ikha of one Citizen-make wrist watch and cash of Rs. 10/- by putting him in fear of instant death/hurt, on July 10, 1991, at about 12. 45 a. m. on L. B. S. Marg, opposite Janata Market, bhandup, Bombay. Original accused Nos. 1 and 2 were separately charged under Section 397 read with Section 395 of the I. P. C. for having used deadly arms like swords, while committing the said offence or robbery. Original accused Nos. 1 and 2 were also charged under Section 4 read with Section 27 of the Arms Act. Additional charge was framed against original accused nos. 1, 3 and 4 under Section 414 read with Section 34 of the I. P. C. for having concealed the robbed articles.

(2.) THE charges having been proved, the Additional Sessions Judge, Greater Bombay, vide judgment and order dated December 10, 1993, in Sessions Case No. 932/1991, convicted and sentenced original accused Nos. 1 to 4 as under :-Original accused No. 1 was convicted under Section 392 read with Section 34, under Section 397 read with Section 395 I. P. C. , under Section 4 read with Section 27 of the Arms Act, and under Section 414 read with Section 34 I. P. C. and sentenced to undergo R. I. for 5 years, 7 years, one month and 6 months, respectively. All the sentences imposed upon him in this case and in the connected cases were ordered to run concurrently. He was allowed the set-off for his dentention as an under-trial for the period from July 10, 1991 to December 9, 1993. Original accused Nos. 3 and 4 were convicted under Section 392 read with Section 34 and under section 414 read with Section 34 of the I. P. C. and each was sentenced to undergo R. I. for one year and R. I. for six months, respectively. The sentences imposed upon them in this case and in the connected cases were ordered to run concurrently. They were allowed the set-off their detention as under-trial for the period from July 12, 1991, to October 13, 1993, and from July 12, 1991 to December 9, 1993, respectively. Consequently, they had undergone the sentences imposed upon them. Original accused No. 2 was convicted under Section 392 read with Section 34, under Section 397 read with Section 395 of the I. P. C. and under Section 4 read with Section 27 of the Arms act and he was sentenced to undergo R. I. for 5 years, R. I. for 7 years and R. I. for one month, respectively. All the sentences imposed upon him in this case and in the connected cases were ordered to run concurrently. He was allowed the set-off for the period from July 10, 1991 to september 16, 1993, for his detention as an under-trial. He challenged his conviction and sentences in this Court in Criminal Appeal No. 48 of 1994. During the tendency of the appeal he expired and the appeal stood abated. The appeal filed by him was rendered infructuous as a result of his death and was disposed of as such. Original accused No. 1 and his associates were involved in six criminal cases of robbery and dacoity. Original accused No. 1 has challenged his conviction and sentenced recorded in sessions Cases Nos. 933/91, 932/91 and 935/91, in this Court in three criminal appeals. This appeals pertains to his conviction and sentenced in Session Case No. 932/91.

(3.) THE prosecution story, briefly put, is that there original accused Nos. 1 to 4 had formed the common intention to rob solitary persons passing over the roads; the they proceeded in an auto-rickshaw during the night intervening July 9, and July 10, 1991, over the roads on which they were likely to rob solitary persons with valuable articles; that while so roaming at about 12. 45 a. m. they stopped Sanju s/o Vel Yadan Ikha who was passing over L. B. S. Marg on way home; that original accused Nos. 1 and 2 got out of the auto-rickshaw armed with a sword each; that one of them put the point of the sword on the neck of Sanju and told him in Hindi to hand over whatever valuables he had and threatened him that he would be cut off if he failed to do so; that one of then snatched away the wrist watch which he was wearing and they also took out a ten rupee note from his pocket; that at that time Sanju saw two persons walking towards him from behind the auto-rickshaw; that after getting the watch and cash from him, the persons armed with swords returned to the auto-rishaw and one of them called out "weally run we have to go", that the two persons who were walking towards him also turned back and all four got into the rickshaw and the rickshaw was then driven off; that original accused Nos. 1 and 2 were apprehended in the evening of July 10, 1991, while enquiring about the suspect in robbery of cash and wrist watches from the bananas godown; that during their search, some cash and wrist watches were found; that on the basis of statements made by the two apprehended accused, at the instances of accused No. 2 some cash, citizen watches and two swords were recovered and at the instance of accused No. 1 cash of Rs. 4,000/-, one broken gold chain, two finger rings and a citizen wrist watch were recovered; that original accused Nos. 3 and 4 were found with stolen goods; that from original accused No. 3 a Citizen and Time Star watches were recovered and from original accused No. 4 a Citizen watch and cash were recovered; that Sanju, after being robbed, had gone home and out of fear did not go to the police station; that he told about the robbers to his friends; that on July 15, his friends told him that the police had recovered some valuables which had been robbed; Sanju consequently went to Bhandup police Station to make enquiries; the information given by him was recorded by S. I. Nadaf in Ex. 13 as First Information Report; Panchanama of the scene of offence was recorded according to his statement and then he was shown the recovered articles and he identified the wrist watch belonging to him out of those articles; in the identification parade which was subsequently conducted, Sanju is alleged to have identified the four accused; he also identified the four accused in Court. That on the basis of information given by original accused No. 1, the police came across one anita residing in the room from which original accused Nos. 3 and 4 were apprehended; original accused Nos. 3 and 4 were apprehended on the basis of the information supplied by Anita; the common object of the four accused was confirmed.