MOHAN GIRIDHAR SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The accused/appellant has preferred this appeal against his conviction and sentence for offence punishable under Section 450, 392, 394 and 397 of IPC passed by the learned Sessions Judge, Greater Bombay, in Sessions Case No. 811 of 2004. He was sentenced to undergo R.I. for five years and to pay a fine of Rs. 500/- for offence punishable under Section 450 of IPC, to R.I. for seven years and fine of Rs. 1000/- for the offence punishable under Section 392 of IPC, to R.I. for five years and a fine of Rs. 500/- for the offence punishable under Section 394 of IPC and he was also separately convicted and sentenced to undergo R.I. for seven years for the offence punishable under Section 397 of IPC.

(2.) Prosecution case in brief is that P.W. 1 Mustafa Razak Khan owned two shops in Hilton Towers previously known as Oberoi Hotel at Nariman Point, Mumbai. On the mezzanine floor he used to run the business in the name of Shalimar Handicrafts. Similarly on the 2nd floor he used to own shop called Seeming Prices Stone. On 17-7-2004 at 2.00 p.m. he was present at the shop at the mezzanine floor and was praying Namaz. At that time a boy aged about 20 years i.e. the present accused suddenly entered in his shop and slided the curtain on the door. After that the accused threatened P.W. 1 saying that " Paisa Do Ya Mal Do". At that time he also took out a koyta or sickle from black coloured rexin bag in his hand. He threatened to kill if the amount is not paid. After giving threats he himself lifted 2 ruby mala and 2 moti mala and put them in black coloured bag. After that he told P.W.1 Mustafa to give money or he would kill him. Due to fear P.W.1 Mustafa opened the drawer used as cash box but there were nothing. The accused continued to search. At that stage P.W.1 Mustafa told him "abhi bus ho gaya". Due to this the accused got annoyed and assaulted P.W.1 Mustafa from the pointed side of the sickle above the left eye and caused bleeding injury. In that incident the accused caused injury on the forehead of P.W.1 Mustafa with sharp cutting weapon like sickle and had also taken away muddemal worth Rs. 3000/-. P.W.1 Mustafa shouted loudly and then accused ran away. P.W.1 Mustafa came out from the shop and shouted "chor chor pakda pakda". At that time people from the neighbouring shops came there. P.W. 2 Vishwanath Shinde nabbed the accused alongwith the bag and took him to P.W.1 Mustafa. After that the police came to the spot and recorded the spot panchnama. accused caused injury on the forehead of P.W.1 Mustafa with sharp cutting weapon of sickle and has also taken away muddemal worth Rs. 3000/-. : 4:

(3.) According to the prosecution after the incident, P.W.1 Mustafa immediately rushed to the Bombay Hospital for getting treatment for the injury suffered by him. Doctor on duty sutured the injury and thereafter he came to the spot between 3.00 p.m. to 3.30 p.m. The spot panchnama was prepared by the police and during the spot panchnama, the koyta or sickle, which was used as weapon of offence by the accused, was seized lying on the spot of the incident. After the panchnama accused was taken to the Police Station Marine Drive, where in presence of the panch witnesses the black coloured rexin bag in his possession was seized. From that bag stolen property i.e. two ruby mala and 2 moti mala were recovered. All the property was seized under seizure panchnama at the police station between 3.30 to 4.00 p.m. After that at about 4.00 p.m. FIR of the P.W. 1 Mustafa was reduced to writing and crime No. 173/2004 was registered under Section 394 and 397 of IPC. After investigation the charge sheet was filed against the accused and the case was committed to the Court of Sessions.