ROBERT PETER KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE these matters arise out of the same set of facts and a common impugned judgment, we are disposing them off by one judgment. 9 persons namely (1) Robert Peter Kadam (2) Tulshidas Ramchandra Bhokre (3) Balu Mogal khare (4) Yadav Baburao Karote (5) Bhimrao Kabir waghmare (6) Salim Dilvar Munshi (7) Ashok Laxman ghoderao (8) Anil Nathu Kale and (9) Gangubai laxman Shinde were tried by the learned Additional sessions Judge, Nasik for offence punishable under section 395, Indian Penal Code. In addition, some were charged for offences punishable under sections 397, 412 and 414, Indian Penal Code. The learned Additional Sessions Judge vide his judgment dated 3-1-1985 passed in Sessions Case no. 86 of 1984, convicted and sentenced three of them namely Robert Peter Kadam, Ashok Laxman ghoderao and Anil Nathu Kale, for offence under section 395 read with 397, Indian Penal Code. He sentenced Robert Peter Kadam to undergo seven years R. I. for the same but, released the other two on probation of good conduct on their furnishing bonds in the sum of Rs. 500/- with one surety in the like amount to appear and receive sentence within a period of one year if and when called upon by the Court and in the meantime, to keep peace and good behaviour. They were also kept under the supervision of the District Probation officer for a period of one year under section 4 (1) (3) of the Probation of Offender s Act. Remaining six persons were acquitted.

(2.) IN short, the prosecution case is that the informant Zakir Hussein Sayyad Hussein PW 22, vijay Kumar Isina Nath PW 23 and Ramkishor Shamlal gupta PW 26 were travelling on 13-12-1983 by bombay-Gorakhpur Express which left Bombay at 12 noon. It reached Nasik Road Railway Station at about 4 p. m. and as soon as it left the said railway station, eight unknown persons boarded it. Five of them were armed with knives. They started searching and robbing the passengers. One of them whom informant identified in Court as Ashok Laxman ghoderao, robbed him of Rs. 10,000/ -. One amongst them whom Vijay Kumar Isina Nath identified in the court as Robert Peter Kadam, deprived him of Rs. 450/- and his wrist watch. One of them whom ramkishor Shamlal Gupta PW 26 identified in court as Anil Nathu Kale was leading the dacoits.

(3.) THE F. I. R. of the incident was lodged by zakir Hussein Sayyed Hussein when the train reached Manmad Railway Station. It is at Exhibit 73.