TAYA TAMA VARGANTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By these appeals fled under Sec. 374 of the Code of Criminal Procedure, 1973, the Appellants (hereinafter referred to as accused Nos.1 and 3) have challenged the judgment dtd. 11/07/1997 passed by the learned Additional Sessions Judge, Greater Bombay, in Sessions Case No.1022 of 1994.

(2.) By the impugned judgment, the learned Judge has held the the accused Nos.1 and 3 guilty of ofences punishable under Sec. 392 r/w. 34 of the IPC and sentenced them to sufer rigorous imprisonment for fve years and fne of Rs.500.00 i/d. to sufer rigorous imprisonment for 3 months.

(3.) The case of the prosecution in brief is that on 25/3/1994 the Complainant Vijay P. Shinde (PW1) had gone to Sanjay Gandhi National Park along with his wife and son. At about 3.45 p.m. while they were sitting near the Crocodile Park, three persons came towards them. One of the persons pointed knife at the wife of the Complainant and the other person snatched the gold chain around his neck. The gold chain broke and the accused could take away only a piece of the chain along with the pendant. The Complainant and the other members of public chased the said accused persons and caught them and handed them over to the police, who had arrived at the scene of ofence. The police had recovered piece of chain from the accused No.1. The Complainant- Vijay Shinde lodged the FIR against the accused, pursuant to which crime was registered against these two accused and the co-accused - Durga Varganti, who was allegedly armed with a knife. The accused were taken into custody. The statements of the witnesses were recorded and upon completion of the investigation charge sheet was fled against the accused for ofences punishable under Ss. 394, 395 and 397 of the IPC.