SHRIKANT ALIAS S SHANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellants have challenged the judgment and order dated 26-9-1984 passed by the Additional Sessions Judge, Greater Bombay, in Sessions Case Nos. 125/83 and 114/84, whereby they have been convicted and sentenced to undergo 7 years R. I. for the offence under section 392 r/w 397 I. P. C. In short, the prosecution case runs as under :--The informant Ramdas Devram Mule P. W. 1 was working with Mazgaon Vikas Mandal which had milk centres in Mazgaon area. The proceeds of the sale of the milk of different centres used to be deposited at Worli Dairy, Bombay. On 25-10-1982, at about 8. 15 a. m. he was carrying cash of Rs. 53,000/- in a rexine bag for depositing at the Worli Dairy. The said amount was from the sale proceeds of milk. He had engaged the taxi bearing No. MRO 4036 from Mazgaon. One Akbarali Isaquali Shaikh was driving this taxi. The informants taxi halted at Worli Naka junction on account of road traffic signal. It is said that the appellants engaged another taxi bearing No. MMT 2013 in front of Geeta Cinema on Dr. E. Moses Road, Worli. The said taxi was driven by one Mohammed Harun Shaikh P. W. 2. The appellant Shrikant @ Shashikant Naik and Sudhakar Damodar Phadkar along with the acquitted accused Vijay Suresh Devrukhkar sat on the rear seat of the taxi and the appellant Tanaji Baburao Kamble sat in the front near the driver. He pointed out a knife to Mohd. Harun Shaikh and all the appellants made Mohd. Harun Shaikh chase the taxi bearing No. MRO 4036 in which the informant was proceeding. Near Atre Printing Press, on B. G. Kher Marg, the taxi of the appellants overtook the informants taxi and blocked its way. The appellants Shrikant Naik, Sudhakar Phadkar and Vijay Devrukhkar got down from the taxi and went towards the informants taxi and accosted him. The appellant Shrikant and the acquitted accused Vijay Devrukhkar pointed out knives on the stomach and back of Mule respectively and the appellant Sudhakar pointed out a gupti on the back side of his neck. Understandably the informant got nervous and the rexine bag wherein he was carrying Rs. 53,000/- slipped from his hand and fell inside the taxi. The appellant Shrikant picked up the same and followed by the appellant Sudhakar and the acquitted accused Vijay started running. The appellant Tanaji Kamble, who was in Mohd. Haruns taxi also got down and started running. The informant raised cries chor chor and started chasing the appellants and Vijay. One Harishchandra Maruti Jadhav who was driving taxi bearing No. MMQ 1035 and who happened to be at that time at B. G. Kher Road offered lift to the informant and in that taxi, the informant chased the appellants and Vijay. At Worli Naka junction, he succeeded in catching hold of the appellant Shrikant and took from him the rexine bag containing the cash. Members of the public who had gathered there caught hold of the appellant Sudhakar. It is said that Tanaji Kamble and Vijay managed to run away. The appellants Shrikant and Sudhakar were taken by the police which happened to be present there, to Worli Naka police chowky where they were searched in the presence of panchas. A knife was recovered from the pant pocket of Shrikant and a gupti which was concealed near the under-pant of Sudhakar, from Sudhakar. The said recoveries were made under panchanamas by H. C. Manjrekar P. W. 16. Thereafter, H. C. Manjrekar took the said appellants to Worli Police Station along with the taxi drivers Mohd. Harun Shaikh and Akbarali Shaikh who had also arrived there. There the appellants Shrikant and Sudhakar were produced before S. I. Kailash Ghamande P. W. 17. At that time, S. I. Arote and P. I. Parab P. W. 18 were also present.

(2.) THE F. I. R. of the incident was lodged by the informant Mule same day at about 12. 15 noon at police station Worli. On its basis, C. R. No. 829 of 1982, under section 394, 397 I. P. C. was registered by P. I. Parab. Pursuant to its lodging, the appellants Shrikant and Sudhakar were arrested.

(3.) THE case was investigated by P. I. Parab who on 26-10-1982 at about 2. 30 a. m. arrested the appellant Tanaji Kamble near Kamgar Krida Mandal at Senapati Bapat Marg. He searched the house of Tanaji Kamble in the presence of two panchas and recovered a knife from beneath cupboard and motor driving licence from the said cupboard. The knife and the motor driving licence were seized under a panchanama.