S. S. Shinde, J. - (1.) The appeal is filed by the appellant-accused, challenging the judgment and order dated 30-10-1999 passed by the learned Sessions Judge, Beed in Sessions Case No.99 of 1999.
(2.) The prosecution case, in nutshell, is as under: The complainant (P.W.I) Ramprasad Raut, resident of Pali, was serving at Sanskar Vidyalaya, Beed since 8/10 years prior to the incident which took place on 27-11 -1992. The complainant Ramprasad Raut used to attend his office daily at Beed from his native place on bicycle in the morning and used to leave the office at about 200 p.m. On the day of incident, he accordingly after attending his office left the office at about 3-30 p.m. for proceeding to his village Pali on bicycle which is on Beed Solapur high way, and accordingly, on the way to Pali from Beed. he reached near the office of Dudh dairy where there is a bridge on Beed Solapur road at about 2/45 p.m., approximately j.e. on 27-11-1992. When he reached near the bridge on bicycle, some 4 robbers restrained the complainant Ramprasad Raut, then they started taking search, two of them caught hold him, the robbers then started extending threats at the point of knife and insisting to give amount, complainant Ramprasad Raut then raised shouts. P.W.2 Police Constable Dilip Nanekar and P.W.6 Sukhdeo Landge, Police Head Constable, who were attached to police station, Beed Rural, had gone to field of one Goswami which is by the side of Beed Solapur road and at some distance from government Dudh dairy, where the above said incident took place for investigation in Crime No.234/92 registered for the offence punishable under Section 379 of the Indian Penal Code, of theft of two cows from cattle shed and accordingly, P.W. 2 police constable and P.W.6 Police head constable had gone to the field of Goswami at about 100 p.m. on 27-11-1992 and were busy in preparing spot panchanama at the field of Goswami in the above said crime No.234/1992. P.C. P.W.2 Nanekar and P.H.C. Sukhdeo Landge, P.W.6 after hearing the shouts raised by Ramprasad Raut in the present case, started proceeding towards bridge where the incident took place on motor cycle and the robbers after seeing that Nanekar and the P.W. 6 coming on motor cycle left the place. Two of them started running towards Beed. One of them, went running towards a shed by the side of Dudh dairy and one fled away towards eastern side. As those four persons started running and therefore, P.C. Nanekar and H.C. Tulshiram Landge then started chasing those persons, however, as those persons started running in agricultural field by leaving road and therefore, P.C, P.W. 2 Nanekar stopped his motor cycle and thereafter, went chasing towards the person who had gone towards the shed near Dudh Dairy with a view to arrest him. He accordingly went near the shed and when he was trying to arrest the said person who hide himself in the shed gave one blow with knife on the abdomen of P.W.2, Dilip Nanekar and thereafter fled away from the said place. P.W.I, Ramprasad Raut and Sukhdeo Landge, P.W.6 thereafter immediately went towards shed where Nanekar sustained injuries with the blow given by the said robber and on inquiry by Ramprasad and Sukhdeo Landge. P.W. 2 Nanekar told that the said robber was Khaled, the present accused No.2, P.W.I and 6 then took Dilip Nanekar, P.W.2 to Civil Hospital, Beed and thereafter, P.W. 1 then came in police station Beed Rural approximately at 4-00 p.m. P.H.C. Haribhau Rakh who was on duty in the police station as P.S.O. recorded statement of Ramprasad Raut and accordingly registered crime No.236/92 for the offence punishable under Section 393, 326 and 353 of the Indian Penal Code. The investigation of the said crime was then handed over to P.S.I., Kadam attached to police station Beed Rural. P.S.I. Kadam during the course of investigation visited the place of incident, called panchas, prepared spot panchanama which is proved at Exh.33, even during the course of investigation, he arrested accused No.l Shaikh Salim Shaikh Ahmed on 24-12-1992. Then accused No.2 was also arrested by the same time, however, not in present crime but under National Security Act and reference to that effect is given in charge-sheet. The P.S.I, thereafter completing investigation, submitted charge-sheet before J.M.F.C. Beed on 24-04-1993 for the offence punishable under Section 393, 353. 326. 307 read with section 34 of the Indian Penal Code. P.W.2 Nanekar was, as referred above taken to Civil Hospital, Beed on 27-11-1992 on account of injury sustained by him on his abdomen, P.W.4 Dr. Kishor Shirpurkar was on duty as D.M.O. who examined Nanekar, gave treatment to the said injured and issued certificate to that effect. Though the charge-sheet was filed before the J.M.F.C. Beed, the matter remained pending for a considerable long time as the accused thereafter remained absent, even though N.B.W. was issued from time to time, presence of accused could not be secured. C.J.M. thereafter by order dated 31-05-1999 below Exh. 1 committed the case to the Court of Sessions as the offence under Section 307 read with section 34 of the Indian Penal Code being exclusively triable by the Court of Sessions, without committing the accused, however, he referred that the accused are absent and N.B.W. is issued. From the papers on record, it is further seen that in pursuance of N.B.W. issued, report is submitted by police that both the accused are in jail in some other crime and accordingly a production warrant was issued to the jail authorities. Those two accused were accordingly produced before Sessions Court on 16-07-1999 and accordingly the present accused were taken in custody, in the present case since 16-07-1999.
(3.) Learned trial Court framed charge against the accused on 30-07-1999 as per Exh. 12 for the offence punishable under Section 393, 353, 324 and 307 read with Section 34 of the Indian Penal Code. The same was read over and explained to the accused. However, they pleaded not guilty and claimed to be tried. According to them, they being falsely involved in the present case.;