R. C. Chavan, J. - (1.)This appeal by State is directed against acquittal by the learned IIIrd Asistant Session Judge,South Goa, Margao, of five respondents tried before him for offence of Dacoity punishable under Section 395 of the Penal Code.
(2.)Facts which led to prosecution of respondents are as under. One Pandurang Upadhye, running a shop of electrical goods at Tisk Usgaon, resided with his family at Pillem, Dharbandora. On the evening of 23/5/99 at about 7 p.m., when Pandurang s wife Kunda, her Father-in-law Ganesh and a servant Archana were at home, 5-6 persons armed with knives broke into the house and robbed them of ornaments and valuables. Servant Archana managed to slip. Pandurang reached home at 8.30 p.m. and he too was robbed of Rs. 1,50,000/- in cash. Pandurang and Kunda had sustained injuries and were taken to hospital.
(3.)Upon being informed, police arrived, recorded a report by Kunda, registered an offence and commenced investigation. The Investigating Officer performed panchanama of spot, seized incriminating articles and recorded statements of witnesses. On 25.5.99, Investigating Officer was informed by P.S.I. Collem that he had spotted respondent No. 1, Anil Jacob in the area of incident, and that modus operandi of Anil tallied with the crime. Anil was facing a sessions cases Nos. 15/98 and37/99 in the sessions Court at Margao. When Anil appeared for hearing in S.T. No. 15/98 on 28.6.99, he was apprehended. His interrogation revealed the complicity of other respondents namely, Henrik Kadam, respondent No. 3, and Mohamad Ali, respondent No. 2. Certain articles were seized from these persons. Since involvement of Abdul Rehiman @ Venkatesh Hunchali was also disclosed, the Investigating Officer arrested said Abdul Rehiman at Hubli and seized certain articles, including a car bearing registration No. GDC 3363, allegedly purchased by said Abdul Rehiman from booty which had been stolen from the complainant.