Oral Judgment:

1. The present appellant/accused No.2 has challenged the Judgment and order dated 8.3.2004 passed by the learned 4th Adhoc Assistant Sessions Judge, Bombay at Sewree. In Sessions Case No.818 of 2002 whereby he was convicted for the offence punishable under Section 392 read with Section 397 and Section 34 I.P.C. and was sentenced to undergo R.I. for seven years.

2. To state in brief, on 6.3.2002, at 21.45 hrs., one Babulal Samadali Shaikh lodged a report at Antop Hill Police Station, Mumbai to the effect that on earlier day i.e. on 5.2.2002 at 6.30 p.m. after alighting from a local train at G.T.B.Nagar, he was walking down towards Bangalipura. When he was beneath the railway bridge, three persons restrained him. Two of them caught his hands and third person, who was wearing red shirt, pointed a knife on his neck and demanded money. Then that person forcibly took amount of Rs.200/- from the pocket of his pant. He also informed that one Manirule Gayan was also robbed at about 4.30 p.m. and amount of Rs.255/- was taken away by the culprits. Statement of said Manirule Gayan was also recorded at the same time. On 7.3.2002, accused No.1 Chandu Pyarelal Chauhan and