Criminal Appeal Nos. 316 with 317 of 1987. Case: State of Maharashtra Vs Mahipal Singh Satyanarayan Singh. High Court of Bombay (India)
| Case Number | Criminal Appeal Nos. 316 with 317 of 1987 |
| Counsel | For State: D. A. Nalawade, A.P.P., Adv. and For Respondents: Ms. Shubhada Khot, Adv. |
| Judges | V. Sahai, J. and R. G. Vaidyanatha , J. |
| Issue | Indian Penal Code (45 of 1860) - Sections 397, 392 |
| Citation | 1996 CriLJ 2485 |
| Judgement Date | March 11, 1996 |
| Court | High Court of Bombay (India) |
Judgment:
Sahai, J.
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Since both these appeals arise out of same set of facts, we propose disposing them of by a common judgement..
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Criminal Appeal No. 316/1987 has been preferred by the State of Maharashtra against the acquittal of the respondent under Sections 392/397 IPC and Section 37(1)(a) r/w 135 of Bombay Police Act recorded vide the Judgement and order dated 19-12-1986 passed by the Additional Sessions Judge, Greater Bombay in Sessions case No. 258 of 1984. By that very Judgement, the trial Judge had convicted and sentenced the respondent in the manner stated hereinafter:
(i) Under Section 392 r/w 34 IPC to 3 months and 17 days R.I.; and
(ii) Under Section 332 IPC r/w 34 IPC to R.I. for 3 months and 17 days and to pay a fine of Rs. 1000/- i.d. R.I. for 6 months.
The substantive sentences of the respondent were directed to run concurrently.
Criminal Appeal No. 317/1987 has been preferred by the State of Maharashtra for enhancement of sentence awarded to the respondent under Sections 392 r/w 34 IPC and under Section 332 r/w 34 IPC.
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The prosecution case in brief runs as under:-
The informant Mohammed Nazim Mohammed Hanif PW 1 was a taxi driver, plying taxi bearing no. MRO 5040 belonging to one Ashok Wadhwa, on the terms that the latter was to be paid a daily sum of Rs. 60/- irrespective of the total earnings of the former.
On 19-11-1983, at about 7.30 p.m. Mohammed Nazim was plying his taxi at Ghatkopar and while his taxi was stationed at Garodia Nagar, four persons engaged the same and directed him to take it to Sion. On the taxi reaching Sion, they asked Mohammed Nazim to take it to Bandra. It is said that amongst the four persons, one was sitting on the front seat with the taxi driver and the remaining three on the rear seat. When the taxi reached Kherwadi signal on the Eastern Express Highway at Bandra(E) the person who was sitting in the front seat by the side of the taxi driver, took out a knife and after pointing out the same towards Mohammed Nazim asked him to hand over the valuables to him. It is said that the person who was sitting on the front seat, took away a cash amount of Rs. 140/- from the pocket of shirt of the taxi driver. One of the persons sitting on the rear side took out a kukri and pointed out the same at the taxi driver and threatened him to get down and another person sitting on the rear side pulled him out from the taxi and the third person removed the wrist watch and threatened him not to report the matter to the police. One of the four persons who sat on the driver's seat drove away the taxi towards Vakola side. This act of robbery is alleged to have been completed at about 8 p.m.
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Immediately after being robbed, Mohammed Nazim P.W. 1 proceeded to Kherwadi police station and lodged his complaint pertaining to the robbery of his wrist watch, money and taxi on the point of knife and kukri. That complaint which is Exhibit 37 was lodged at 8.25 p.m. the same day at Kherwadi police station. The complaint was recorded by one PSI Sanghai P.W. 8.
Pursuant to the recording of complaint, P.W. 2 SI Avhad along with Mohammed Nazim, Police constable Gavde P.W. 3 and police constable Tawade PW 4 left the police station on a police van, for the place of offence i.e. Hussain Tekdi. On the way, they found that the taxi which had been robbed, was going ahead. A chase was given to the same and thereafter, it was brought to a halt. Four persons who came out from the taxi were apprehended; one of them being the respondent. It is said that while SI Avhad was trying to disarm one of the arrested persons, he was assaulted on his hand and neck by a knife. It is also alleged that from the respondent and others, some recoveries were made.
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The investigation was done in the usual manner by PW 8 PSI Shenghai. He went to the place of the incident and drew a spot panchanama. PW 7 Subhash Choudhary...
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