MOHAMMAD HARSHAD SHAUKATALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE three appeals are directed against the judgment and order dated 11th June, 1984 passed by the learned Additional Sessions Judge, Greater Bombay, in Sessions Case No. 409 of 1983 whereby the learned Additional Sessions Judge, Greater Bombay convicted the original accused No. 1 under section 392 read with section 34 of I. P. C. and sentenced him to undergo 3? years R. I. Accused No. 1 was also convicted under section 394 read with section 34 of I. P. C. and was sentenced to undergo 5 years R. I. He was also convicted under section 392 read with section 397 read with section 34 of I. P. C. and was sentenced to undergo 7 years R. I. There was also conviction under section 3 read with section 25 (1) of the Arms Act, 1959 for which he was sentenced to undergo 6 months R. I. All the substantive sentences were directed to run concurrently. The original accused No. 2 was convicted under section 392 read with section 34 of I. P. C. and was sentenced to undergo R. I. for 3? years and was acquitted of the charge under section 392 read with section 397 read with section 34 I. P. C. Original accused No. 3 was convicted under section 392 read with section 34 I. P. C. He was also convicted under section 394 read with section 34 I. P. C. and was sentenced to undergo 5 years R. I. Both the above sentences were ordered to run concurrently. The said judgment and order of conviction is challenged before us.

(2.) AT the trial, shortly stated the case of the prosecution was as under : the complainant Bhavanlal Devichand Shah is the resident of Malad. His younger brother Sumatilal is residing in the same building with his wife and children.

(3.) ACCORDING to the prosecution, the complainant alongwith his brother Sumatilal used to go to Jhaveri Bazar, Bombay. They used to do the work of brokerage and get commission for selling unfinished and finished diamonds from various customers. About 12 years back he alongwith his brother Sumatilal and his friend Champaklal had opened an office in Prasad Chambers near Roxy Cinema, Bombay. They were doing the business of rough diamonds and exporting the same after polishing and finishing them. In the month of December, 1982 they closed the concern named and styled as "shah Diamonds". Champaklal separated from them and since then the complainant alongwith his brother Sumatilal started export, import and brokerage business. The name of their company is "shubha Diamonds".