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IN THE HIGH COURT OF BOMBAY
(NAGPUR BENCH)
J.N. Patel S.G. Mahajan, JJ.
Rajababu s/o Buchayya Adluri others..... Appellants.
Versus
The State of Maharashtra..... Respondent.
Criminal Appeals No. 102, 144, 165 194 of 1997, decided on 8/9-12-1999.
Advocates appeared :
R.M. Daga in Cri.A. Nos. 102 194 of 1997, for appellant.
S.Y. Deopujari, A.P.P. in Cri.A. Nos. 102, 144, 165 194 of 1997, for respondent.
A.K. Bhangde in Cri.A. No. 144 of 1997, for applicant.
Ikhankar in Cri.A. No. 165 of 1997, for appellant.
CRIMINAL APPEAL - [SECTION] 395, 398, 411 - [ACT] I.P.C. - [SUBJECT] Dacoity - Robbery - Identification Parade - Recovery of Stolen Property - Delay in Lodging FIR - Test of Identification - Corroborative Evidence - Conviction and Sentence. HELD - (1) Delay in lodging FIR sufficiently explained - (2) Identification parade properly conducted - (3) Recovery of stolen property corroborates prosecution case - (4) Conviction and sentence upheld - (5) Sentence of appellants Rajababu and Mallesh reduced to time already undergone.
Fact of the Case:
The appellants were convicted for dacoity and robbery. They challenged their conviction and sentence on the grounds that the identification parade was not properly conducted, the recovery of stolen property was not proved, there was a delay in lodging the FIR, and the identification of the suspects was unreliable.
Finding of the Court:
The court found that the identification parade was properly conducted, the recovery of stolen property corroborated the prosecution case, the delay in lodging the FIR was sufficiently explained, and the identification of the suspects was reliable. The court upheld the conviction and sentence of the appellants, but reduced the sentence of two of the appellants to time already undergone.
Issues: 1. Whether the identification parade was properly conducted? 2. Whether the recovery of stolen property was proved? 3. Whether the delay in lodging the FIR was sufficiently explained? 4. Whether the identification of the suspects was reliable?
Ratio Decidendi: 1. The court held that the identification parade was properly conducted because the Executive Magistrate took all necessary precautions to ensure that the identifying witnesses did not see the suspects before they were placed in the parade. 2. The court held that the recovery of stolen property corroborated the prosecution case because the properties were recovered at the instance of the appellants and the appellants disowned the properties. 3. The court held that the delay in lodging the FIR was sufficiently explained because the complainant was threatened by the dacoits and was afraid to lodge a report. 4. The court held that the identification of the suspects was reliable because the identifying witnesses had sufficient opportunity to see the dacoits and the witnesses did not find any difficulty in retaining their features in memory.
Final Decision: The court upheld the conviction and sentence of the appellants, but reduced the sentence of two of the appellants to time already undergone.
J.N. PATEL, J.:---The appellants have challenged their conviction and sentence passed by the learned Sessions Judge, Chandrapur, vide judgment and order dated 18-3-1997, under which the appellant Chakrapani, Ashok, Wasudeo and Babu alias Prabhakar came to be convicted for having committed offences under section 395 read with section 398 I.P.C. and were sentenced to suffer R.I. for 7 years and to pay fine of Rs. 5,000/- in default to suffer R.I. for one year. Appellant Rajababu and Mallesh came to be convicted for having committed an offence punishable under section 411 of I.P.C. and were sentenced to suffer R.I. for two years each. They came to be acquitted of the charge under section 395 read with section 398 I.P.C. One of the co-accused in the case namely Laxman was acquitted of all the charges.
2. Appellants Rajababu s/o Buchayya Adluri and Mallesh s/o Ankush Gundetti have filed Criminal Appeal No. 102 of 1997, appellant Wasudeo s/o Vyankuji Kohapare, has filed Criminal Appeal No. 144 of 1997, appellant Chakrapani s/o Laxman Siddhala has filed Criminal Appeal No. 165 of 1997 and appellants Ashok s/o Bhumayya Kudali and Babu alias Prabhakar s/o Rajyellayya Buka have filed Criminal Appeal No. 194 of 1997, to challenge their conviction and sentences. All these appeals can be conveniently disposed of by this common judgment.
3. According to the prosecution, the complainant Vyankati Pocham Kampelli (who died during the pendency of the trial) was retired foreman and was residing at Rayatwari Colliery, Wasekar Layout, Chandrapur, along with his two sons, daughter-in-law and wife Narsamme. On 4-8-1994, after the family had their meals in the night and went to sleep, the persons who were present in the house, were his wife Narsamma (P.W. 9), his son Hemant (P.W. 1), daughter-in-law Rubirani wife of Hemant (P.W. 8). At about 11 O"clock in the night, the complainant heard sound of knocking of his door and, therefore, he opened the door and asked who was there. The persons who were found outside the door told him that they had come from Kagaznagar to give some message. On this, Vyankati opened the door and about five persons entered their house. When he enquired from them about the news they told him that they were Annas and asked him to give an amount of Rs. 2,000/- and that they would go. But as the complainant expressed that he had no money, one of them caught hold of the complainant by his shoulder. By this time all the members of the family had woken up. Amongst the five persons, three were holding knives in their hands and the persons who had caught hold of Vyankati, had a small size gun which was kept concealed at his waist and he was threatening them by taking out the gun at intervals. One of them inspected all the articles kept in the two rooms, but as they did not get anything, they demanded the keys of the almirah from his wife Narsamma and with the help of the keys, they opened the show case almirah which was kept in the third room and from it they took out and opened a tin box containing ornaments belonging to the family of the following description:
1. Four golden bangles having simple design weighing 5 tolas valued at Rs. 25,000/-.
2. Two golden bangles having a design of bricks weighing 4 tolas valued at Rs. 20,000/-.
3. Golden Pohe Har (a kind of necklace) having four folds weighing 5 tolas at Rs. 25,000/-.
4. One golden chain having golden locket, weighing one tola valued at Rs. 5,000/-.
5. Two golden chains each weighing 1 tola, thus total two tolas valued at Rs. 10,000/-.
6. One golden chain weighing 1 ½ tolas valued at Rs. 7,500/-.
7. Three pairs of Birya (ear ornaments) having pendants, each pair weighs ½ tola, thus total weight 1 ½ tolas, valued at Rs. 7,500/-.
8. One golden ring having longish red stone weighing 1/4 tola, valued at Rs. 1250/-.
9. One golden ring weighing 1/4 tola, valued at Rs. 1250/-.
10. Three small golden Nathni (Nose ornaments) weighing 1/4 tola valued at Rs. 1250/-.
11. Two golden ear rings
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