MAJITHIA, J. :- Vilas Vasantrao Patil, Sharmaraj Pandian Nadar, Santosh Babu Shetty and Ashok Rajaram Wadekar, original accused Nos. 1 to 4, respectively, were charged under Section 395, in the alternative under Section 392 read with Section 34 of the I.P.C., for along with an absconding autorickshaw driver, in furtherance of their common intention, having robbed Sanju s/o Vel Yadan Ikha of one Citizen-make wrist watch and cash of Rs. 10/- by putting him in fear of instant death/hurt, on July 10, 1991, at about 12.45 a.m. on L.B.S. Marg, opposite Janata Market, Bhandup, Bombay. Original accused Nos. 1 and 2 were separately charged under Section 397 read with Section 395 of the I.P.C. for having used deadly arms like swords, while committing the said offence or robbery. Original accused Nos. 1 and 2 were also charged under Section 4 read with Section 27 of the Arms Act. Additional charge was framed against original accused Nos. 1, 3 and 4 under Section 414 read with Section 34 of the I.P.C. for having concealed the robbed articles.

2. The charges having been proved, the Additional Sessions Judge, Greater Bombay, vide judgement and order dated December 10, 1993, in Sessions C