BABDYA BALJI PAWARA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE appeals are directed against the order of conviction and sentence dated 18-6-1994 passed by the learned III Additional Sessions Judge, Dhule, in Sessions Case No.80 of 1993. The original accused nos. 1 to 5 are prosecuted for having committed offence punishable under section 395, 397 and 427 of the Indian Penal Code. After full fledged trial, the learned III Additional Sessions Judge, Dhule, found all the five accused guilty and consequently recorded the order of conviction and sentenced the original accused Nos. 1 to 5 to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 500/- each, in default to suffer rigorous imprisonment for two months for offence punishable under section 395 of the Indian Penal Code and rigorous imprisonment for six months for offence punishable under section 427 of the Indian Penal Code. The substantive sentences are directed to run concurrently. The facts giving rise to the prosecution case are as under :

(2.) THE first informant Sattarsing Narkha Pawara alongwith his fellow members returned back to Shirpur from Hyderabad on the night of 8th April 1992. Metador vehicle No. MH-18-A-297 was requisitioned from village Boradi. THE complainant Sattarsing P. W. 3 and his companion sat in the vehicle and went to Boradi at about 10.00 p. m. Sahebrao Dhobi P. W. 4 was the driver of the vehicle. Sattarsingh P. W. 3 and his companion left Boradi at about 10.30 p. m. THE vehicle went ahead about 3 kms. from Kodid. THE time was about 11.00 p. m. A tree was found lying on the road. Tree lying on the road had practically blocked the way, therefore inmates of vehicle including Sattarsingh P. W. 3 got down from the vehicle and tried to remove tree which was lying on the road. When they were trying to remove the branches of the tree, stones were pelted towards them. THErefore all of them immediately got inside the vehicle and closed the doors of the vehicle. It is the prosecution case that accused Nos. 1 and 2 emerged on the road in front of the vehicle. THE passengers of the vehicle including Sattarsingh P. W. 3 identified accused Nos. 1 and 2 in the light of the headlights of the vehicle. Accused Nos. 1 and 2 were armed with axes at the relevant time. THEy demanded the amount of Rs. 1000/ -. THEy threatened the passengers of the vehicle including Sattarsingh P. W.3.Accused Nos. 1 and 2 threatened the passengers to the effect that if they would not pay the money they would burn the vehicle and would kill them. Accused Nos. 1 and 2 snatched the cash amount of Rs. 60/- and V. I. P. suit-case from Sattarsingh P. W.3.Accused Nos. 1 and 2 broke the glasses of the vehicle in order to create terror. After collecting the money and the V. I. P. suitcase, the accused Nos. 1 and 2 dis-appeared in the darkness. Sattarsingh P. W. 3 snatched an axe from one of the accused and lateron produced the said axe before the police.

(3.) INVESTIGATING Officer had sent Sattarsingh P. W. 3 to Medical Officer Dr. Rajani Kaje P. W. 2 for examination because Sattarsingh had claimed that he sustained injuries due to stones which were pelted by accused Nos. 1 and 2.The Medical Officer Dr. Rajani Kaje P. W. 2 examined P. W. 3 Sattarsingh on 9-4-1993 and found four injuries namely : 1. Contusion over right infra memory region, size 3 x 3 cm. 2.Contusion over right infra orbital region, black in colour. 3.Abrasion over right cheek. 4.Contusion over left calf, upper 1/3rd region. Dr. Rajani Kaje issued injury certificate Exhibit 22. After completion of the necessary investigation INVESTIGATING Officer submitted the charge-sheet against the accused nos. 1 to 5 in the court of the Judicial Magistrate, First Class, Shirpur. The learned Magistrate committed the case to the Court of Sessions at Dhule.