AMJAD WAJIR PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No.195 of 2006 has been preferred by the appellant Amjad Wajir Pathan, (original accused No.2) and Criminal Appeal No.728 of 2006 has been preferred by the appellant Anand Rajan Mudliyar, (original accused No.1). In both the Appeals, the appellant s i.e. accused No.2 and accused No.1, who are co- accused, have challenged the judgment and order dated 17.1.2006 passed by the learned 1st Ad-hoc Additional Sessions Judge, Kalyan, in Sessions Case No.195 of 2004. By the said judgment and order, the learned Sessions Judge convicted both the appellant s under Section 302 read with Section 34, Indian Penal Code and Section 393 read with Section 34, Indian Penal Code. For the offence under Section 302, they were sentenced to imprisonment for life and fine of Rs.2,000 / - each and for the offence under Section 393, they were sentenced to RI for 3 years and fine of Rs.1,000 / - each.

(2.) The prosecution case, briefly stated, is as follows:-

(3.) On 5.5.2004 at about 10.25 p.m., deceased- Kripashanka r Mishra was proceeding on his motor- cycle to Dombivali. At that time, P.W.6 Raju Koli, an employee of the deceased, was sitting on the back seat of the motor- cycle. P.W.6- Raju Koli was carrying cash of Rs.7,000 / - , in a cloth bag. Suddenly two persons came in front of the motor- cycle and started snatching the bag having the cash of Rs.7,000 / - from Raju Koli. Thereupon, Kripashanka r started obstructing these two persons. At that time, one of the persons, who was having a count ry- made revolver with him, fired at Kripashanka r Mishra. Bullet struck Kripashanka r Mishra on the right side below the chest. Thereafter P.W.6- Raju Koli and three- four other persons took Kripashanka r to Rukminibai Hospital at Kalyan. Raju Koli lodged his FIR (Exhibit- 25). Thereafter investigation commenced. After completion of investigation, charge- sheet came to be filed. In due course, the case was committed to the Court of Sessions.