SARANG V. KOTWAL, J.

1. The State of Maharashtra has preferred this Appeal against the Judgment and Order dated 07/06/1996 passed by the learned Additional Sessions Judge, Greater Mumbai, in Sessions Case No.1196 of 1993. The Respondents (original accused) were acquitted from the charges framed against them.

2. The Respondent No.1 Alex @ Taklya Francis Dias, Respondent No.2 Asgarali Abdulali Khan and Respondent No.3 Joseph Mariya Prekaram Chattiyar were the original Accused Nos.1, 2 and 3 respectively. By the impugned Judgment and Order all the Respondents were acquitted from the charge of commission of offence punishable u/s 395, 394 r/w 34 of the IPC. The Respondent No.2 was acquitted from the additional charge of commission of offence punishable u/s 397 of IPC. There was one more accused i.e. accused No.4 Ganesh Sakharam Khaire who had faced the trial. He was similarly acquitted from commission of offences mentioned above. The said accused is not a Respondent before this Court in the present Appeal.

3. The prosecution case in brief is as follows :

On 10/02/1999 P.W.1 Kishor Prabhakar Mastakar was travelling in his car along with his two employees. He was carrying an amount