The main legal point established in the judgment is the requirement for the prosecution to establish charges beyond reasonable doubt, especially in cases involving the recovery of stolen property. The court emphasized the need for credible and reliable evidence to support the charges.

JUDGMENT

1. This appeal is preferred under Sec. 374 of Code of Criminal Procedure challenging the judgment and order dtd. 7/11/1996 passed by the Court of Additional Sessions Judge for Greater Bombay in Sessions Case No.1097 of 1989 convicting appellant nos.1 and 2 for offences under Sec. 412 of Indian Penal Code and appellant no.3 under Sec. 414 of Indian Penal Code. The appellant nos. 1 and 2 were sentenced to suffer imprisonment of five years and pay fine of Rs.10,000.00 each. The appellant no.3 was sentenced to suffer imprisonment of two years and pay fine of Rs.10,000.00.

2. The appellant no.1 (accused no.3) has expired during pendency of appeal and his appeal stands abated vide order dtd. 31/8/2021. The appellants were arraigned as accused nos.3, 6 and 9 before Trial Court.

3. The case of the prosecution is as follows :- PW-1 Smt.Mangala Pradhan is the complainant. On 22 nd November 1988 she was in the house along with her children. On ringing of door bell, the complainant's son opened the door. The person at the door told him that he came from Mazgaon dock with parcel of spare parts. The said person along with others entered their flat. One of them took out knife and pointed it at complainant. Other two persons pointed knife at other children. They were taken to bed room. Their mouth was stuck with tape. The accused demanded keys of safe. Keys were handed over to the accused. They latched the door of bed room and escaped. The complainant and her children invited attention of neighbour. Door was opened. Ornaments were missing. Complaint was lodged. CR No.819 of 1988 was registered for offences under Ss. 395, 397, 347 of Indian Penal Code. Investigation was conducted. Accused were arrested. Statements of witnesses were recorded. Ornaments were recovered. On completing investigation charge sheet was filed.

4. Charge was framed on 14/6/1995 for offence under Ss. 452 r/w 34 of Indian Penal Code, 395 IPC, 395 r/w 397 IPC, under Ss. 411, 414 IPC. As per the charge, the accused had acted in furtherance of the common intention on 22 nd November 1988 and committed criminal trespass with intention to commit dacoity armed with dangerous weapons and thereby committed the offence punishable u/s.452 r/w Sec. 34 of IPC. During the course of same transaction the accused committed robbery of cash and gold ornaments valued at Rs.2,84,730.00 from the possession of complainant by putting her in fear of instant hurt/death and causing criminal restraint by tying hands and putting bandage tape and thus committed offence u/s.395 of IPC. The accused nos.3 and 6 in the course of same transaction while committing dacoity used deadly weapons like knifes and committed offence punishable u/s.395 r/w Sec. 397 of IPC. The accused no.9 received the stolen property obtained from the dacoity knowing it to be stolen and assisted in concealment of the said property and thereby committed offence punishable u/s.411 and 414 of IPC.

5. The evidence of witnesses was recorded. During the course of trial the charge was altered on 5 th August 1996. The modified charge is that on 22/11/1988 the accused no.1 dishonestly received or retained the part of the stolen property of complainant recovered from him on 14/4/1989 and transferred the parts of said stolen property to Balaram Govind Satavilkar. The accused no.3 dishonestly transferred the property to Ashwin Dharmasi Ruparel viz small yellow metal bangle recovered from him. The accused no.3 dishonestly transferred property of dacoity to Pravin Khimji Dedhia viz. White metal trophy @ Biscuit, a white metal pendant recovered from him vide panchanama dated 18 th March 1989. The accused no.9 dishonestly received the part of property involved in the dacoity from accused no.1 and transferred it to Ramesh Jain viz. Yellow metal chain, yellow metal bangle, yellow metal rings recovered from him by panchanama dtd. 30/3/1989 and also transferred to Balu Shankar Nichal viz yellow metal necklace, ear tops, chain, yellow metal rin