AMJAD KHAN IBRAHIM KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Daga and Shri Rawlani, learned Counsel for the appellants, and Shri Mirza, learned Additional Public Prosecutor for the respondent.

(2.) The criminal appeals are directed against the common judgment dated 24.7.2003 passed by the 4th Additional Sessions Judge, Nagpur in Sessions Trial No. 391/1999 whereby appellants Amjad Khan Ibrahim Khan, Mohammad Shahid s/o Sheikh Babbu and Kamal s/o Matasingh Shiv were convicted for the offences punishable under Sections 394 and 397 read with Section 34 of Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of rupees one thousand each and in default of payment of fine, to suffer rigorous imprisonment for a period of three months. Appellant Kamal Singh s/o Matasingh Shiv was convicted in Sessions Trial No. 316/1999 for the offence punishable under Section 3 read with Section 25 of the Arms Act and sentenced to suffer rigorous imprisonment for a period of five years. The substantive sentences awarded in Sessions Trial No. 316/1999 and present Sessions Trial No. 391/1999 were directed to run concurrently. All the appellants were granted set off for the under-trial period. Since all the appeals are against the common judgment and order passed by the trial Court, they are heard together and disposed of by this judgment.

(3.) The circumstances, which have given rise to the prosecution of the appellants, in nutshell, are as follows : Complainant Anand Nichaldas Shambhuwani was running an Ice-cream Parlour, named and styled as .Royal. on the West High Court Road, Nagpur. On 10.3.1999, complainant Anand (PW 1) and his brother Ashok (PW 5) opened their parlour at about 11 A.M. Throughout the day, both were present in the parlour. At about 10 p.m. , three persons, aged about 25 years, entered in the parlour. Amongst them, one person was having a revolver in his hand and he was slim and tall and had curly hair. He had worn a full shirt of blue colour having lines on it. Another person was having knife in his hand and was wearing white shirt. The person having revolver had asked brother of the complainant -Ashok to give him money from the counter. The person having knife had cut the telephone wire. It is the case of the prosecution that at that time, complainant Anand gave a blow with the instrument, which was meant for cutting ice-cream, on one of the assailants having knife in his hand in order to scare the assailants. The said assailant inflicted a blow by means of knife on the person of complainant Anand. The person having revolver also had inflicted injury by the butt of the revolver on the head of the complainant's brother Ashok. Complainant Anand as well as his brother Ashok sustained bleeding injuries. The assailants ran away with the amount of Rs.3,000/-- Rs.3,500/-.