Criminal Appeals Nos. 820 with 854 of 1984 and 7 of 1985. Case: Kayyumkhan alias Shankar and etc Vs State of Maharashtra. Bombay High Court

Case Number:Criminal Appeals Nos. 820 with 854 of 1984 and 7 of 1985
Party Name:Kayyumkhan alias Shankar and etc Vs State of Maharashtra
Counsel:For Appellants: S. M. Oak holding for R. B. Sule and M. Z. Shaikh, Advs. and For State: D. A. Nalavade, Addl. Public Prosecutor
Judges:V. Sahai, J. and Mrs. Ranjana Desai, J.
Issue:Indian Penal Code (45 of 1860) - Sections 392, 397
Citation:1997 CriLJ 3137
Judgement Date:March 13, 1997
Court:Bombay High Court


Sahai, J.

  1.  Vide judgment and order dated 1-10-1984, passed in Sessions Case No. 587 of 1983, the Additional Sessions Judge, Gr. Bombay, convicted and sentenced Kayyumkhan alias Shankar s/o Yusuf Khan and Salim alias Munria s/o Mohammed Shaikh, in the manner stated hereinafter:-

    i) Kayyumkhan alias Shankar under S. 392 r/w S. 397, IPC to seven years R.I.;

    ii) Salim @ Munna under S. 392 to five years R.I.

    Kayyumkhan alias Shankar challenged his conviction and sentence by preferring Criminal Appeal No. 820 of 1984 and Salim alias Munna challenged his conviction and sentence by preferring Criminal Appeal No. 854 of 1984.

    Criminal Appeal No. 7 of 1985 has been preferred by the State of Maharashtra u/S. 377, Cr. P.C. with a prayer that the sentence awarded to Salim alias Munna be enhanced.

  2. Since all the three appeals arise out of the same set of facts and a common judgment, we are disposing them off by a common judgment.

  3. Briefly stated the prosecution case runs as under:-

    PW 1 Rajendra is closely related to PW 2 Kalaben and Meenaben (not examined). Kalaben is the sister of Rajendra's father. Meenaben is the sister of Rajendra's maternal grand-father. It is said that on 30-5-1983, the three of them boarded Gujarat Express at Baroda, at about 9.15 a.m., for Bombay where their relation, one Maheshbhai had died. Gujarat Express reached Dadar station at about 5 p.m. At the said station, all the passengers got down and only the three of them remained in the compartment. After the train left Dadar, the appellant Salim entered the compartment wearing Khaki pant and a shirt and started closing shutters of the windows. The appellant Kayyumkhan alias Shankar armed with a knife also joined him. He asked Rajendra not to shout and hand over whatever he had. Salim also came there. Kayyumkhan removed the ring from the finger of Rajendra and the wallet from the pocket of his pant. He went to Meenaben and removed the two bangles and a diamond ring on the point of knife. Salim removed the bangles and chain from Kalaben.

  4. The FIR of the incident was lodged by Rajendra, PW 1, the next day at the Bombay Central Railway Station. It was recorded by S.I. Shaikh Hassan PW 8.

  5. Kayyumkhan was arrested on 9-6-1983. He was taken to his native place Sindburdi by P.I Sonar, PW 9 and from his house his clothes, articles 6 and 7, were seized under a Panchanama Exh.18. On 26-6-1983, Kayyumkhan made a statement that he could point out the place and the person with whom he had kept the knife and the diamond ring. The police party along with Kayyumkhan and Panch Sitaram PW 4 went to Vikroli at the shop of Maratha Mandir Jewellers owned by PW 3 Mangilal Jain. At the instance of Kayyumkhan, Mangilal produced a...

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