STATE OF MAHARASHTRA Vs. MOHAMMED SHAKIL MOHAMMED YUSUF

JUDGEMENT

(1.) THIS is a State appeal against the order of acquittal dated 18.12.1987 recorded by the Additional Sessions Judge for Greater Bombay in Sessions Case No.649 of 1985.

(2.) THE respondent accused was charged for having committed offence under Section 397 read with Section 392 of the Indian Penal Code under the following circumstances : The complainant Ashok Jaswantraj Chauhan was working in the jewellery shop of one R.R.Sanghavi & Company at Kurla. On 4.10.1983 at about 4.00 p.m., the respondent went to the said shop and wanted to place an order for golden necklace. The complainant showed him a catalogue of designs of necklaces and the respondent approved one design and placed the order. When he was asked for advance of Rs.1,000/-, the accused said that he was not having the money and he would pay the advance if the complainant accompanied him to his godown. Accordingly, the complainant and the accused went to C.S.T., Kurla by an auto-riksha at the godown of plastic bags. Instead of giving any advance to the complainant the accused took out revolver from the rexine bag which he was carrying and pointed at the complainant and asked him to handover the gold chain which he was wearing. Thereafter he snatched the gold chain of the complainant and wrist watch which he was wearing and sum of Rs.50/- which he was carrying in pant pocket. The complainant thereafter went to the shop and after the owner of the shop, P.W-7 Shri Ratanlal Jain came to the shop informed him about the incident. Thereafter the complainant and P.W.7 went to the Kurla Police Station and lodged their F.I.R. pursuant to which crime was registered as C.R.No.392 of 1983. As the accused was not traced, crime was classified as 'A'.

(3.) AFTER completion of the investigation the accused was chargesheeted on 18.11.1985 and thereafter committed to the Sessions Court and the charges under section 397 read with section 392 were framed against the accused. The accused denied his guilt and claimed to be tried. His defence was that he along with his elder brother was dealing in scrap material in his shop behind Kapadia Nagar in Kurla, Bombay. His brother was murdered by his partners who were arrested and released on bail. On 4.7.1985, he was arrested from his house in the morning at the instance of the assassins of his brother and was falsely implicated in the case by police.