CHHAYABAI W/O PRALHAD CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against judgement rendered by learned Ist Adhoc Additional Sessions Judge, Majalgaon, in Sessions Case No. 38 of 2005. By the impugned judgement, appellant Chhayabai is convicted for offence punishable under section 394 of the I.P. Code and is sentenced to suffer rigorous imprisonment for seven (7) years and to pay a fine of Rs. 1000/-, in default to suffer rigorous imprisonment for three (3) months. She is further convicted for commission of offence punishable under section 395 of the I.P. Code and is sentenced to suffer rigorous imprisonment for seven (7) years and to pay further fine of Rs. 1000/-, in default to suffer rigorous imprisonment for three (3) months.

(2.) Appellant Chhayabai is original accused No. 1. She was tried alongwith other five (5) accused persons before the Court of Sessions for offence of dacoity. The learned Ist Adhoc Additional Sessions Judge convicted the appellant and original accused No. 3 - Sarvadhan and sentenced them for offences punishable under sections 394 and 395 of the I.P. Code. The other four accused persons were acquitted. Original accused No. 3 Sarvadhan has not preferred any appeal.

(3.) The prosecution case, stated briefly, is that informant - PW Baban is a cloth merchant. Original accused No. 3 Sarvadhan was introduced to him as the latter had been residing in his native village - Bhise-Wagholi during 2000-2003. On 17-12-2004 at about 8.30/9.00 a.m., said Sarvadhan visited his house and informed him that silver worth about Rs. 1.25 lacs was available for sale with his friend at Majalgaon which he would make available for Rs. 50,000/-. That was a bargain which could allure informant PW Baban due to possible huge benefit. He withdrew Rs. 50,000/- from his bank account and proceeded to Majalgaon in his jeep vehicle bearing registration number MH-24/C-2730. The jeep was being driven by his driver (PW Ramchandra). They reached Majalgaon at about 6 p.m. Said Sarvadhan alighted from the jeep vehicle and told informant - PW Baban that he would go alongwith his friend in an auto-rickshaw and that the auto-rickshaw may be followed. Said Sarvadhan further instructed informant PW Baban that on the road, they would find a woman standing by side of the road with a child on the lap. He further instructed that the said woman would give signal to stop the jeep vehicle where the informant should stop the vehicle. Further instruction given to him was that said woman and his friend will give him the silver and he shall give them the amount. After giving such instructions, said Sarvadhan boarded in an auto-rickshaw and left the place. The informant - PW Baban proceeded in the same direction, following the auto-rickshaw, after a shortwhile. After travelling about five kilometres from Majalgaon, he noticed that a woman was standing by side of the road near a bridge, with a child on the lap. She signalled the vehicle. The woman demanded money from him. He asked her to first deliver the silver and assured to immediately pay thereafter. She shouted and called others. Then, about 10/15 persons rushed there. They encircled the jeep vehicle. One of them placed a sword on his neck and others started beating him and his driver. They snatched away the cash amount of Rs. 50,000/-, his three (3) gold rings, a gold bracelet, a wrist watch and a gold locket from him. They also snatched away an amount of Rs. 3000/- from his driver. By that time, a truck vehicle was seen coming from opposite direction and, therefore, all the robbers/snatchers fled away. He lodged a report at Majalgaon Police Station in the same night. The police carried out certain investigation. The appellant was arrested during course of the investigation. Certain recoveries were made at her instance. On basis of material gathered during course of the investigation, she and other accused were chargesheeted for commission of the road robbery/dacoity in the relevant evening.