Case Note & Summary
The judgment pertains to Criminal Appeals No. 558 of 2004 and 512 of 2004 filed by the appellants against their conviction under Section 394 read with Section 397 and Section 34 IPC. The prosecution case was that on 17.12.2000 at about 4-4.30 a.m., the appellants along with others came in a Tata Sumo to Poonam Automobiles petrol pump at Mangadewadi, Katraj, Pune. They asked PW-1 Dattatraya Shinde to fill diesel worth Rs.800. After filling, they beat him and demanded keys of the chest. Accused No.4 assaulted him with an iron rod. They disconnected telephone lines, and with the help of other workers, loaded the heavy chest into their vehicle and fled. The FIR was lodged by PW-1. The trial court convicted the appellants. The High Court, after hearing the appeals, upheld the conviction, finding the evidence of identification and recovery sufficient. The court noted that the appellants were identified by witnesses and the stolen chest was recovered at their instance. The appeals were dismissed.
Headnote
A) Criminal Law - Robbery with Deadly Weapon - Section 394 read with Section 397 and Section 34 IPC - Conviction - The appellants were convicted for robbing a petrol pump at night while armed with pistols and an iron rod - The court examined the evidence of identification and recovery of stolen property - Held that the prosecution proved the case beyond reasonable doubt (Paras 1-3).
Issue of Consideration
Whether the conviction of the appellants under Section 394 read with Section 397 and Section 34 IPC is sustainable based on the evidence on record.
Final Decision
Both appeals are dismissed. The conviction and sentence of the appellants under Section 394 read with Section 397 and Section 34 IPC are upheld.
Law Points
- Section 394 IPC
- Section 397 IPC
- Section 34 IPC
- Robbery with deadly weapon
- Common intention
- Identification of accused
- Circumstantial evidence
Case Details
2010 LawText (BOM) (07) 72
Criminal Appeal No. 558 of 2004 with Criminal Appeal No. 512 of 2004
S.V. Kotwal (for appellant in Appeal No. 512/2004), Smt. V.R. Bhosale (APP for State)
Gorakh Pandurang Mare, Lahu Maruti Gaudse, Anil @ Baba @ Narayan Jaywant Kandare
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Nature of Litigation
Criminal appeals against conviction for robbery with deadly weapon.
Remedy Sought
Appellants sought acquittal from conviction under Section 394 read with Section 397 and Section 34 IPC.
Filing Reason
Appellants were convicted by the trial court and sentenced to eight years RI and fine.
Previous Decisions
Trial court convicted accused Nos. 1, 2, and 4 under Section 394 read with Section 397 and Section 34 IPC and sentenced them to eight years RI and fine of Rs.5,000 each.
Issues
Whether the conviction under Section 394 read with Section 397 and Section 34 IPC is sustainable.
Submissions/Arguments
Appellants argued that the evidence was insufficient and identification was doubtful.
State argued that the prosecution proved the case beyond reasonable doubt through witness testimony and recovery of stolen property.
Ratio Decidendi
The court held that the prosecution successfully proved the guilt of the appellants beyond reasonable doubt based on the evidence of identification and recovery of the stolen chest. The conviction under Section 394 read with Section 397 and Section 34 IPC was confirmed.
Judgment Excerpts
Both these Appeals may be disposed of by common Judgment as the accused persons have challenged the same Judgment and order whereby the accused Nos. 1, 2 and 4 were convicted for the offence punishable under Section 394 read with Section 397 and Sec. 34 IPC and were sentenced to undergo R.I. for eight years and to pay fine of Rs.5,000/- each by the learned 13th Adhoc Assistant Sessions Judge, Pune, in Sessions Case No.174 of 2001.
Procedural History
The trial court convicted the appellants in Sessions Case No.174 of 2001. The appellants filed Criminal Appeals No. 558 of 2004 and 512 of 2004 before the Bombay High Court. The High Court reserved judgment on 22.6.2010 and pronounced on 16.07.2010, dismissing the appeals.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 394, 397, 34
