ZULFIKAR ALI Vs. STATE OF GOA

JUDGEMENT

(1.) These revision petitions are filed by accused no.2- Zulfikar Ali and accused no.4/Mehmood Shaik in Sessions Case No.9/2003 against their conviction and sentence under Sections 397, 342 r/w 149 of the Indian Penal Code by the learned Ad-hoc Assistant Sessions Judge, Margao, which conviction and sentence has been upheld by the learned Sessions Judge, Margao.

(2.) Dacoity took place on 20-9-2002 between 7.00 hours to 7.45 hours at the house of Taajdin Noorani at Aliawaas, near Cine Vishant road, Malbhat, Margao regarding which the complaint was lodged by him at about 10.00 hours at Margao Police Station on the same day. Subsequently the first four accused in the said Sessions Case came to be arrested and the property subject matter of dacoity came to be seized from them on 25-9-2002 by Police Inspector Shri Bahadur Singh Chawan of Seheora Police Station in the State of Uttar Pradesh. The arrest of the said accused and the seizure of the property involved in the dacoity was made by Police Inspector, PW15/Bahadur Singh Chawan after he had received information that certain criminals were travelling in a maruti van bearing No.UP-21-F 5301 and after the said maruti van was chased and stopped and that too after one of the inmates of the said maruti van had opened fire at the police party of Police Inspector PW15/Bahadur Singh Chawan. As a result of the arrest of the said four accused and the seizure of the property from two bags, Police Inspector PW15/Bahadur Singh Chawan informed the Margao Town Police Station, after securing its telephone number from a Member of Parliament, as a result PW17/PSI Kadam of Margao Town Police Station proceeded to Bijnoor, U.P. and secured the custody of the accused and the property seized; and after some of the accused were identified at the Test Identification Parade held by PW8/Shri S. B. Faria, the charge sheet was filed in which accused no.5 to 8 were shown as absconding. Accused No.l to 4 and accused no.9 to 11 came to be charged and tried under Sections 397, 342 r/w 149 of the Indian Penal Code and Section 25 of the Arms Act, 1958. Accused No.9 to 11 were further charged under Section 216-A of the Indian Penal Code. All the accused pleaded not guilty and after the prosecution examined 18 witnesses in support of the charge, accused no. l to 4 came to be convicted under Sections 397, 342 r/w 149 of the Indian Penal Code and acquitted under Section 25 of the Arms Act, 1958. Accused No.9 to 11 were acquitted. The accused who were convicted were sentenced under Section 397 of the Indian Penal Code to undergo rigorous imprisonment for 7 years and to pay fine of Rs.1,000/- in default to undergo simple imprisonment for one month and under Section 342 of the Indian Penal Code they were sentenced to undergo simple imprisonment for two months, the sentences having been ordered to run concurrently.

(3.) The accused No. l to 4 filed appeals before the Court of Sessions, Margao. The learned Sessions Judge was pleased to give benefit of doubt to accused no. l/Ishrar Ahmed @ Babu and acquit him under Sections 397, 342 r/w 149 of the Indian Penal Code and at the same time was pleased to dismiss the appeals filed by accused no.2/Zulfikar Ali, accused no.3/Sartaaj Alam and accused no.4/Mehmood Shaikh out of these accused no.3/Sartaaj Alam has chosen not to file any revision.