RAJKISHORE MAHENDRAPRASAD MAHANTO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant had filed this appeal through jail, challenging the Judgment and order by which he was convicted for the offences punishable under Sections 392 and 397 r/w Section 34 of Indian Penal Code and was sentenced to undergo R.I. for 5 years with fine of Rs. 500/- and R.I. for 7 years respectively.

(2.) THE prosecution case, in brief, is that the complainant Sunil M. Pathare (PW1) was a salesman at Nasim Creations at Colaba. His friend Santosh Surajsingh was hawker and use to sell Cold-drinks at the footpath opposite Kamla Nehru Park, Malbar Hill of Bombay City. On 10/5/2000, in the afternoon P.W.1 Sunil had been to Kamla Nehru Park to meet his friend. At about 7.00 p.m. Sunil and his friend Santosh left the place to go to Grant Road Railway Station. While they were proceeding by Ridge Road, near the main get of Parsi Tower of Silence, suddenly four persons, including the appellant, came from behind. One of them caught collar of Sunil, another caught his pant and third caught his hand. Fourth person caught Santosh. Those persons robbed Sunil by snatching a gold chain of 6 grams from his neck and amount of Rs. 1500/- from his purse and wrist watch. Santosh was also robbed of a gold chain and amount of Rs.300/-. Having robbed of them, the culprits tried to run away but PW 1 Sunil and his friend chased them. Some members of public also chased the culprits. Constable Nana Pawar, PW 2 was on patroling duty near Ratan Tata Institution (R.T.I.) Junction. He also saw the culprits running away from Kemps Corner side and being chased by two persons, who were shouting "Chor, Chor". In view of this, Constable Nana Pawar also intervened and he succeeded in nabbing the present appellant, while other three accused succeeded in escaping. As the present appellant was holding a knife, he was disarmed and was taken to Police Station, Gamdevi. At the police station, personal search of the appellant was taken and a broken gold chain was recovered from him. It was the chain which was snatched from the neck of P.W.1 Sunil. Constable Nana Pawar produced the knife, which he had taken away from the accused near RTI Junction. Both these articles were seized under panchanama by API, Alka Mane (PW.4). As the offence was committed within the local limits of Malbar Hill Police Station, initially the FIR was registered as Crime No. 0/2000 at Gamdevi Police station and the matter was transferred to Malbar Hill Police Station, where the offence was re-registered as Crime No.66/2000 under Sections 392,397 r/w section 34 of IPC against the present appellant and his absconding companions.After investigation, charge-sheet was filed and finally the case was put up for trial before the Sessions Court.

(3.) THE appellant was in jail from the date of incident itself and continued to be in jail. He preferred this appeal by making an application through jail and this Court had appointed Mrs. Ruchita Dhuru, Advocate on behalf of the appellant. At the out set, it may be stated that the appellant had undergone complete sentence and was released from jail on 16/5/2006. It is unfortunate part that the appeal could not be heard and disposed of before completion of his sentence.