JAHAGIRDAR, J. :- One Keshavji Ranshi Chheda, a trader in edible oils and having his business on Swami Vivekanand Road in the Irla area of Vile Parle, was going to the Sangli Bank on 28th May 1980 at about 10 a.m. to deposit an amount of Rs. 37,200/- in the said Bank. He was carrying the said amount in a rexin bag and naturally he had also with him a pay-in-slip on which apparently the details of the amount which he was going to deposit had been mentioned. When he reached the gate of the Bank, the present appellant before us, who was accused No.2 in the Court below, suddenly appeared on the scene with a sword in his hand and assaulted the said Keshavji Ranshi. This naturally resulted in the dropping of the bag by Keshavji Ranshi. Accused No.2 ran away with the bag containing the amount Members of the public are alleged to have chased accused No.2 and ultimately the bag was returned to Keshavji Ranshi. When he opened the same, he found that the bag contained about Rs. 15,000/- less than what he had when he had proceeded to the Bank earlier. It is in evidence, and there is no reason to suspect the same, that Keshavji Ranshi was in fact hospitalised in a nursing home nearby a