SHAMSHERSINGH DEVISINGH THAKUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In first appeal original accused no.1 Shamshersingh Devisingh Thakur and original accused no.3 Sadiq Khan s/o Babukhan Pathan are the appellants, in the second appeal original accused no.5 Bhimrao Natthuji Shrirame is the appellant whereas in the third appeal the State is the appellant. In the first appeal, accused Nos. 1 and 3 have challenged their conviction for the offence punishable under Sections 392/34 of IPC and sentence of R. I. for 5 years and fine of Rs.3000/- in default R. I. for 8 months whereas in the second appeal accused no.5 has challenged his conviction for the offence punishable under Section 412 of IPC and sentence of R. I. for 4 years and fine of Rs.2000/- in default further R.I. for 6 months , imposed by the Additional Sessions Judge, Nagpur in Sessions Case No. 791/90 decided on 25.11.1992. The third appeal is preferred by the State against the acquittal of all the accused for the offence punishable under Section 395 of IPC and further acquittal of accused nos. 2 and 4 to 8 for the offence punishable under Section 342/34 of IPC and that of accused no.4 under Section 3/25 of the Arms Act. We have heard those appeals together and are deciding them by this common judgment.

(2.) The facts giving rise to these appeals can be briefly stated as under:-

(3.) On 10.12.1989 around 8.30 p.m. PW1 Mohandas was sitting in his shop. Three persons visited his shop twice and purchased cigarettes. On their third visit around 9.15 p.m. one of them took out a pistol and under its threat took PW1 Mohandas in the inner room. Those three persons entered the house and one remained in the shop. Those three persons raised the voice of TV. At the point of pistol/rivolver and knife, those three persons asked PW1 Mohandas to hand over money and gold. They threatened him that in case their demand is not fulfilled, they would rape his daughter who was to be married. They put PW2 Asha, her children and her brother Ajay in the store room and closed it. They compelled PW1 Mohandas to open the almirah and to hand over cash of Rs.5000/-, gold ornaments and wrist watches worth Rs.38,500/-. Thereafter they also put PW1 Mohandas in the same storeroom and closed it. Then they left the place by closing the gate of the compound of the house. PW1 and 2 raised alarm, however, nobody could hear their voice. They broke open the planks of the door of the storeroom and came out. Thereafter somebody informed the Police.