MOHAMED KASAM SHAMSHUDDIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Counsel for the Appellants - accused and learned APP for the State.

(2.) The original two accused have filed this Appeal challenging their conviction under Section 393 r/w. 34 of I.P.C. and under Section 302 r/w. 34 of I.P.C. They have been sentenced to life imprisonment under Section 302 r/w. 34 and for five years under Section 393 r/w. 34 of I.P.C. by the Additional Sessions judge, Greater Bombay, by Judgment dated 26.7.1989.

(3.) The case of the prosecution is that deceased Venugopal, a person from Kerala was working as a Publicity Officer with Life Insurance Corporation of India at Bombay. He was residing with his wife Indira who was serving as an Executive in Otis Elevators India Limited. They had a daughter by name Sangita aged 17 years and son by name Harjit aged 13/14 years. They were staying at Goregaon. This family was in the habit of going to Ayyappa Temple. On 13.2.1988, as usual, they left their house for going to the temple by tar road. They were at the temple for some time and then they started returning back. While they were proceeding towards Sargam Building, on way to their house they came near the structure of tin known as Bengali Kallon. At that time, Indira saw two persons standing by that structure. Accused No.1 came ahead and stopped in front of Indira. She was shocked and became alert. Then accused No.1 put his hand near the neck of Indira to snatch the golden chain. Anticipating this move of Accused No.1, Indira tried to resist by one hand and tried to cover the chain by hand. She uttered some words which were heard by her husband Venugopal who was just behind her. He came ahead and tried to push accused No.1. There was a scuffle. Accused No.2 is alleged to have assisted accused No.1 and then Venugopal was pushed towards marshy land and the accused No.1 took out a knife and gave blow on the right side neck of Venugopal. The three witnesses i.e. Indira, Sangita and Harjit were stunt and then the accused ran away.