STATE OF MAHARASHTRA Vs. NABABAI ABDUL HASAN

JUDGEMENT

(1.) THE State preferred this appeal against the judgement and order dt. 20th Aug. , 1980 passed by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No. 376 of 1979, acquitting the respondents 1 and 2 of the charge under S. 392 read with S. 34 and further acquitting respondent 1 of the charge under S. 397 read with S. 392, Penal Code.

(2.) THE prosecution case lies in a very narrow compass. The complainant Bhanudas Satwa Kamble (P. W. 1) is a taxi driver. On the night between 28th and 29th June, 1978 the complainant Bhanudas was plying his taxi. At about 2. 00 a. m. while he was waiting on the road leading to Sion Bus Station, accused 1 and 2 approached him and hired his taxi. Both the accused boarded the taxi and asked the complainant to take the taxi towards Kalina Church. From Kalina Church they took the taxi towards Municipal School building and when the taxi was near the Municipal School, the accused asked the complainant to stop the taxi. Accordingly, the complainant stopped the taxi. Accused 1 asked the complainant about the fare. The complainant in order to have the reading of the meter leaned towards the meter. At that time accused 1 who was sitting by the side of the driver removed the ignition key by one hand and obtained knife from accused 2, who was sitting on the rear seat by the other hand. He opened the knife and at the point of knife the complainant was asked to hand over to the accused whatever valuables he had with him. Accused 1 thus putting the complainant under instant fear of hurt or death snatched the wrist watch which the complainant had on his wrist. Accused 2 also took out the amount of Rs. 35/- from the pocket of the complainant. After removing the wrist watch and the money from the complainant the accused got down from the taxi, threw the ignition key on the road and started running away. At that time the complainant raised shouts "chor, chor, Pakdo Pakdo". On hearing his shouts two Police constables who were on patrol duty in civil dress approached the complainant and on learning from the complainant that the accused were running away they chased the accused. The two other constables who were in uniform also arrived there and they also joined in the chase of the accused. The accused were ultimately caught and were brought near the taxi by these four constables. The constables called two Panchas. P. W. 2, Gajanan Kalu Bure is one of those Panchas and in the presence of Panchas searched the persons of the accused and in the search a knife was found in the pocket of each of them. The wrist watch of the complainant and his money which the accused had removed from the complainant were also found with the accused. All these articles were seized by drawing a panchanama, Exhibit-7. The Police constables took the accused the complainant and the articles found with them to the Police Station. At the Police station the complainant lodged F. I. R. which was recorded by P. S. I. Gangadhar Bapusaheb Surve (P. W. 4 ). The accused were put under arrest. The panchanama of the scene of the offence was drawn. The persons of the accused were also searched and panchanama was drawn up. Thus after completing the investigation accused 1 and 2 were prosecuted for the offences mentioned above.

(3.) THE accused denied the charges levelled against them. According to them, the Police constables took them to the Police Station on one day while they were passing near Kalina Church. knives were planted on their persons and they were falsely implicated in the crime. They led no defence evidence.