SURESH ANANDA LOHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicant and another one Jagannath Shenekar were prosecuted on the allegation of having committed offences punishable under section 394 IPC and 332 of the IPC read with section 34 of the IPC. After holding a trial, the Judicial Magistrate, First Class, at Shirala, convicted the applicant and also the said Jagannath (Accused no.2) of offences punishable under section 394 of the IPC and 332 of the IPC. He sentenced each of them to suffer Rigorous Imprisonment for two years and to pay a fine of Rs.2,000/on each of the said two counts and directed that the sentences would run concurrently. Being aggrieved by the order of conviction as recorded by the learned Magistrate and the sentences imposed by him, the applicant and the said Jagannath filed an Appeal in the Court of Sessions. However, the learned Addl. Sessions Judge who heard the Appeal, found the judgment of conviction proper and dismissed the Appeal. The applicant has now approached this Court by filing this Revision Application challenging the propriety, legality and the correctness of his conviction and the sentences imposed upon him. The said Jagannath (accused no.2) has filed a separate revision application, which is also pending before this Court.

(2.) I have heard Mr.H.V. Akolkar, learned counsel for the applicant. I have heard Ms.S.V. Sonawane, learned APP for the State. With the assistance of the learned counsel, I have carefully gone through the impugned judgments. I have also gone through the Record and Proceedings. In view of the contentions advanced, I have carefully gone through the entire evidence recorded during the trial.

(3.) THE prosecution case before the trial court was as follows:That, the First Informant Vasant Nalawade (PW 1) was working as a watchman and Dattatraya Beldar (PW 3) was working as a cashier, with the Maharashtra State Road Transport Corporation (MSRTC). Both were posted at Shirala Depot. It was their practice to deposit the cash collected in the S.T. Depot in the bank account of the MSRTC in the Bank of India, Shirala Branch. That, on 30th July 2002, Vasant Nalawade (PW 1) and Dattatraya Beldar (PW 3) were going to the Bank of India, Shirala branch in order to deposit an amount of Rs.1,94,024/in the bank account of MSRTC. Vasant Nalawade was holding the cash box containing the said amount. While Vasant Nalawade and Dattatraya Beldar were proceeding from the road, and going towards Bank of India, a motorcycle came from behind. There were two persons on it one who was driving it, and the other a pillion rider. The pillion rider attempted to snatch the cash box from Vasant Nalawade. Nalawade, however, did not loosen his grip on the cash box and resisted, whereupon the pillion rider assaulted Nalawade on his right hand by a knife and ultimately succeeded in snatching the cash box. Nalawade raised shouts, but the said two persons managed to run away by driving the motorcycle at a high speed. Nalawade had sustained injuries on his hand and knees. Members of public gathered on the spot and a police vehicle also came there within a few minutes.