STATE OF MAHARASHTRA Vs. MAHIPAL SINGH SATYANARAYAN SINGH

JUDGEMENT

(1.) SINCE both these appeals arise out of same set of facts, we propose disposing them of by a common judgment.

(2.) CRIMINAL Appeal No. 316/1987 has been preferred by the State of Maharashtra against the acquittal of the respondent under sections 392/397 I. P. C. and section 37 (1) (a) r/w 135 of Bombay Police Act, recorded vide the Judgment and order dated 19-12-1986 passed by the Additional Sessions Judge, Greater Bombay in Sessions Case No. 258 of 1984. By that very Judgment, the trial Judge had convicted and sentenced the respondent in the manner stated hereinafter.

(3.) THE prosecution case in brief runs as under:-The informant Mohammed Nazim Mohammed Hanif P. W. 1 was a taxi driver plying taxi bearing No. MRO 5040 belonging to one Ashok Wadhawa, on the terms that the latter was to be paid a daily sum of Rs. 60/- irrespective of the total earnings of the former. On 19-11-1983, at about 7. 30 p. m. Mohammed Nazim was plying his taxi at Ghatkopar and while his taxi was stationed at Garodia Nagar. four persons engaged the same and directed him to take it to Sion. On the taxi reaching Sion, they asked Mohammed Nazim to take it to Bandra. It is said that amongst the four persons, one was sitting on the front seat with the taxi driver and the remaining three on the rear seat. When the taxi reached Kherwadi signal on the Eastern Express Highway at Bandra (E) the person who was sitting in the front seat by the side of the taxi driver, took out a knife and after pointing out the same towards Mohammad Nazim asked him to hand over the valuables to him. It is said that the person who was sitting on the front seat, took away a cash amount of Rs. 140/- from the pocket of shirt of the taxi driver. One of the persons sitting on the rear side took out a kukri and pointed out the same at the taxi driver and threatened him to get down and another person sitting on the rear side pulled him out from the taxi and the third person removed the wrist watch and threatened him not to report the matter to the police. One of the four persons who sat on the drivers seat drove away the taxi towards Vakola side. This act of robbery is alleged to have been completed at about 8 p. m.