The main legal point established is that the appellant committed robbery under Section 392 of the IPC read with Section 397 but lacked the requisite mens rea for the offence under Section 307.

A.M. Thipsay, J.

1. This appeal is directed against the judgment and order dated 11th February 2013, delivered by the Ad-hoc Additional Sessions Judge, Thane, in Sessions Case No. 340 of 2009 convicting the appellant who was the accused no. 1 in the said case of offences punishable under Sections 307 and 397 of the Indian Penal Code (IPC). The learned Ad-hoc Additional Sessions Judge sentenced the appellant to suffer Rigorous Imprisonment for 10 years and to pay a fine of Rs. 1,000/- with respect to the offence punishable under Section307 of the IPC, and to suffer Rigorous Imprisonment for 10 years with respect to the offence punishable under Section 397 of the IPC. The learned Judge directed that the substantive sentences would run concurrently.

2. There was one more accused -accused no. 2 -in the said case, but the learned Ad-hoc Additional Sessions Judge found him not guilty and acquitted him. The appellant and the other accused were charged also of offences punishable under Section 25 of the Arms Act read with Section 34 thereof, and Section 135 of the Bombay Police Act, but with respect to these offences, the learned Ad-hoc Additional Sessions Judge found even the appellant not guilty and acquitted him.

3. The prosecution case, as put forth before the trial court was that, on 4th May 2009, at about 12.00 Noon, Draupadabai (PW6) was proceeding from road to attend the Haldi ceremony in the neighbourhood. At that time, the appellant came there, caught hold of her right hand and snatched the golden chain, which she was wearing. Draupadabai raised cries when her son Jayendra (PW3) came there. He was told by Draupadabai about her chain having been snatched and the offender having run away. Jayendra started chasing the offender. In the meantime, Shivaji (PW1), nephew of Draupadabai, came there, learnt about the theft and chased the offender on his motorbike. Jayendra (PW3) and Shivaji (PW1) both chased the offender by two different lanes. Shivaji found the offender and noticed him entering into the lane at Bhusaval compound. When Shivaji attempted to catch hold of the offender, the offender opened fire upon him by taking out a country made handgun. Shivaji bent down and avoided getting shot. The offender then again ran and again opened fire on Shivaji. The shot was, however, missed. The offender then entered into a mosque. By this time, Jayendra reached there. Shivaji asked Jayendra to keep a watch on the offender as he had concealed himself in the mosque and he himself went to call the police. After sometime, Shivaji returned along with the police, but the offender jumped into a water tank / well. He was then apprehended by the police. During his search, a broken chain having golden beads which was the chain of Draupadabai was found in his possession. A country made handgun with one shell in its barrel was also recovered from him under a panchnama. Shivaji lodged a report of the incident, after which a case in respect of offences punishable under Sections 307 and 397 read with Section 34 of the IPC was registered, and investigation commenced. In the course of investigation, it was revealed that the country made handgun and ammunition were provided to the appellant by the accused no. 2 and therefore the accused no. 2 was also arrested.

4. The prosecution examined nine witnesses during the trial. Shivaji (PW1), Jayendra (PW3), Draupadabai (PW6) have already been referred to earlier. The second witness Nilesh Patil is a panch in respect of the personal search of the appellant after his apprehension. The fourth witness Rais Khan is also a panch in respect of the spot panchnama. The fifth witness Dr.Jayshree Mhaske, a Medical Officer attached to IGM hospital, Bhiwandi, is the one, who had examined Draupadabai and had found that there was a blunt trauma with swelling over her right shoulder and right arm. The seventh witness Bharat Nimbalkar is the Senior Inspector of Police, who had actually apprehended the offender. The eight