RAVINDRA LAXMAN MAHADIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this appeal, the appellant has challenged the judgment and order dated 10-11-1995, passed by the Additional Sessions Judge, Gr. Bombay, in Sessions Case No. 658 of 1992, whereby he has been convicted and sentenced to undergo 3 years Rigorous Imprisonment and to pay a fine of Rs. 1,000/- in default Rigorous Imprisonment for one month, for an offence under section 392 read with 34 I. P. C. In short, the prosecution case is that on 20-2-1992, at about 9. 30 p. m. when Smt. Manda Vinod Sahani, P. W. 1 and her husband Shri Vinod Sahani, P. W. 2 and children were returning after attending the parents Meeting and had reached part of the Juhu beach, behind Union Bank of India and Mayur Bungalow in Santacruz (West) Bombay, the appellant along with another on the point of knife, relieved Manda Sahani and Vinod Sahani of their valuables and money. The looted articles included mangalsutra and earrings belonging to Manda Sahani. Some money from the purse of Manda Sahani and the purse of Vinod Sahani. Both the miscreants were unknown to Manda Sahani and Vinod Sahani.

(2.) THE FIR of the incident was immediately lodged by Manda Sahani at the Santacruz Police Station. On its basis, a case under section 392 r/w 34 I. P. C. was registered against unknown persons. The investigation was conducted by API Sayaji Dubal. On 5-3-1992, he arrested the appellants. On 8-3-1992, he informed the SEM Rauf A. G. Sayed to hold a test identification parade at the police station.

(3.) IDENTIFICATION of the appellant and co-accused Javed Pathan who had also been apprehended, was conducted on 8-3-1992 at the Santacruz Police Station by the SEM Rauf Sayed. At the said identification, the appellant was identified by the victim Manda Sahani, P. W. 1.