PAWANKUMAR ALIAS SIBBAN KEWAT Vs. STATE OF KAHARASHTRA

JUDGEMENT

(1.) This is an appeal preferred by three accused persons who are convicted, in Sessions Case No. 229 of 2006, decided on 10.02.2009, by the Assistant Sessions Judge4, Aurangabad, of offences punishable under Sections 394 read with 34, 397, 342 read with 34, 365 read with 34 of the Indian Penal Code (for short "I.P.C.") and under Section 3(25) of the Arms Act. Each accused/appellant is sentenced to suffer rigorous imprisonment for eight years and to pay fine of Rs. 1000/, in default to suffer rigorous imprisonment for one year for each of offences punishable under Section 394 read with 34 and 397 of the I.P.C. For offence punishable under Section 365 read with 34 of the I.P.C., each of the accused/appellant is sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs. 1000/, in default to undergo rigorous imprisonment for six months. For offence punishable under Section 342 read with 34 of the I.P.C., each of the accused/appellant is sentenced to suffer simple imprisonment for one year and to pay fine of Rs. 500/, in default to suffer simple imprisonment for three months. For offence punishable under Section 3 of the Arms Act, each of the appellant/accused is sentenced to suffer simple imprisonment for one year and to pay fine of Rs. 1000/, in default, to suffer simple imprisonment for three months. All substantive sentences are directed to run concurrently.

(2.) Brief facts giving rise to this appeal may be stated as below :

(3.) It is further prosecution case that thereafter the Jeep was taken to a petrol pump. There a servant was asked to fill the tank and thereafter that person was assaulted. The persons at the petrol pump were compelled to surrender cash amount. They were locked in the cabin. Thereafter, the jeep was taken to another petrol pump and thus in that night said four boys robbed persons at five petrol pumps and robbed cash amounts in all totalling Rs. 1,20,000/. Due to continuous running of the vehicle, the engine of the Jeep became hot and the jeep stopped. At that time police jeep came and on seeing the police jeep, the four boys, out of whom three were identified later on as accused Nos. 1 to 3, ran away. P.W.18Sk. Niyaz was in the jeep. Police arrested him. He disclosed the real incident to them. Police took search of the jeep and found one revolver, six cartridges, one mobile phone, one wrist watch, red chilli power, a bag and cash of Rs. 10,550/. Police attached those articles, recorded statement of P.W.18Sk. Niyaz. Initially, P.W.18Sk. Niyaz was also arrested as one of the accused persons, but lateron, after being satisfied with his innocence, he was cited as a witness. On that night robberies were committed at five petrol pumps situated at Khultabad, Deogaon Rangari, Verul, Galle Borgaon and Hatnoor. All the petrol pumps are on Aurangabad - Kannad road.