JUDGMENT - M.F. SALDANHA, J.:---This is an appeal filed through jail. It has been expedited and fixed peremptorily for hearing on the ground that the sentence was passed on 28th September, 1990 and that it is likely to run out. The appellant along with two others was originally charged with having committed offences under sections 392 read with 34 I.P.C. and 397 read with 34 I.P.C. The learned VIIth Additional Sessions Judge, Thane, acquitted the accused of the offence under section 397 I.P.C. and convicted them under section 392 read with 34 I.P.C. and imposed a sentence of two years R.I. and a fine of Rs. 500/- in default to under R.I. for six months. 2. The facts of this case present a situation of considerable seriousness but it needs to be said at the very outset, that the Railway police authorities at Karjat to whom the matter was reported to had done an admirable job in having apprehended that accused within the minimum possible time and in having recovered the property that had ben taken away by them at knife point. The incident in question took place on the 10th of November, 1989 in the 307 Down Koyna Express between Neral and Karjat stations. The complainant Gnyaneshwar Sopan Sonwane is a vegetable vendor who comes to Bombay from Pune along with a group of other vendors. These persons, after selling their vegetables at Bombay, collect the sale proceeds not only on their behalf but also on behalf of those merchants at Pune whose vegetables they bring to Bombay. The system appears to be that each of the amounts was put in a separate envelope with the name of the party written on it and all the envelopes containing the money used to be put into a cloth bag. The complainant and his companions had boarded the Koyna Express in the morning of that day at Dadar station. When the train was moving between Neral and Karjat stations, the three accused who were in the compartment took out knives and threatened the complainant and others at knife point and snatched the cloth bag containing the money. Obviously, they were professionals at this job because, they were aware of the exact point at which the train would slow down, and immediately after snatching the cloth bag, the three accused jumped out of the train. Obviously, they were professionals at this job because, they were aware of the exact point at which the train would slow down, and immediately after snatching the cloth bag, the three accused jumped out of the train. Gnyaneshwar along with his companions reported the matter to the Railway police at Karjat. Immediately on the complaint being taken down, the police swung into action and having regard to the facts of the case, were aware that if they were quick enough, it would be possible to apprehend the accused along with the cloth bag. For this purpose, the complainant and the police officials immediately procceded in a rickshaw towards Neral and intercepted and checked each and every vehicle that was passing. On checking one of the buses, the complainant pointed out to the police that the three accused were seated in the bus on the back seat. The accused were thereupon apprehended and a black coloured rexine bag was also recovered. There is some dispute as to whether rexine bag was recovered from inside, whether it was under the seat or whether it was kept on the lap of one of the accused as alleged. On the police checking the contents of the bag, the cloth bag containing the envelops with all the amounts of money were recovered intact. A panchnama was drawn up by the police, the accused were placed under arrest and they were subsequently put on trial. 3. The learned Additional Sessions Judge has acquitted the accused of the charge under section 397 I.P.C. on the solitary ground that no injuries had been caused to anybody even though the accused had brandished knives and committed the offence at knife point. Having regard to the age of the accused and some other factors, a sentence of two years R.I. and a fine of Rs. 500/- has been imposed on the accused. Unfortunately, there is no enhancement notice in this case and therefore, it would not be possible even if the conviction stands confirmed to enhance the sentence that has been awarded by the Sessions Court. 4. Mr. Shaikh, learned Counsel appointed by the State, for the appellant has very strenuously urged before me that this is a case of wrong identification or mistaken identification. Mr. 4. Mr. Shaikh, learned Counsel appointed by the State, for the appellant has very strenuously urged before me that this is a case of wrong identification or mistaken identification. Mr. Shaikh submitted that the evidence indicates that the accused were not known to the witnesses earlier, that the incident was of a very short duration, that admittedly, the witnesses stated that as far as the present appellant-accused was concerned, that they only saw him in the process of jumping out of the train and, therefore, Mr. Shaikh submits that even if the evidence were to be accepted vis-a-vis accused Nos.1and 3 that as far as this accused in concerned, this Court must accept the position that the conviction is unsustainable. 5. As against this position, Mr. Chopda, the learned A.P.P. has submitted that this is one of the cases where the investigation is of a high order, that the police have acted most efficiently, that the prosecution has proved its case beyond doubt and that there can be absolutely no dispute about the fact that the accused has been rightly convicted. 6. I have gone through the oral and documentary evidence on record. The evidence essentially consist of the first group of witnesses viz., the complainant Gnyaneshwar Sopan Sonawane, P. W. 3 Sanjan Sopan Sonawane and P.W. 5 Subhash Yashwant Indurkar. These witnesses have been quite consistent with regard to what happened in the railway compartment and they have been quite truthful in their deposition before the Court in so far as they have admitted that the accused persons were seen by them very briefly. What is of importance is the fact that even though for a brief span of time, the witnesses had stated that they have seen the accused persons. The incident has taken place at 11 o'Clock in the day time in a crowded railway compartment, the distance between the accused and the witnesses was extremely short and under these circumstances, it would not have been difficult for the witnesses to have made a mental note of that accused. It must be borne in mind, that the police acted most efficiently in this case and that it was within the span of hardly one hour that the police were able to apprehend the accused and that the witnesses, particularly, the complainant was the person who pointed them out in that short span of time. It must be borne in mind, that the police acted most efficiently in this case and that it was within the span of hardly one hour that the police were able to apprehend the accused and that the witnesses, particularly, the complainant was the person who pointed them out in that short span of time. Under these circumstances, it cannot be argued that the witness have made any mistake or that they have falsely implicated the accused because there is one other crucial circumstance which would conclusively establish that the identification is correct. 7. The Investigation Officer P.S.I. Shinde, the auto-rikshaw driver Narendra Pandurang, Kadu (P.W.9) and the panch witness Abdul Gani Hasan Sah Shaikh (P.W.10) have all deposed about the fact that the accused were apprehended from a bus in which they were found travelling. It has also come on record that the bag in which the stolen money was found was also seized at the same point of time. It is the evidence of these witnesses that the bag was recovered from the custody of the accused. To my mind, on the facts of this case, the bag could have been recovered from no other place than the custody of the accused. That the bag contained the very property that had been snatched at knife point established the identify of the accused, as this particular bag could not have come into the possession of the three accused from any other source it they were not the persons involved in the present offence. It needs also to be pointed out, that obviously, the accused were under the impression that having jumped out of the moving train, it would take a long time before, the offence was reported, if at all it was done, and before the police swung into action and, therefore, within the short span of time, they were quite free to travel comfortably back to wherever they were going. It is the speed with which the police acted that ultimately outwitted the plan of the accused and the fact that they were found in possession of the stolen property is one of the strongest circumstances that not only establishes them as the persons who have taken part in the incident but also establishes their guilt as far as section 392 I.P.C. is concerned. 8. A strong grievance was made by Mr. 8. A strong grievance was made by Mr. Shaikh, learned Counsel appearing on behalf of the appellant, that the evidence does not attribute any overt act to the present appellant who is the original accused No. 2, except a reference by the witnesses to the effect that he is alleged to have taken out a knife. To my mind, this circumstance alone is more than sufficient in the facts of the present case to establish the complicity of the present appellant. The fact that he took part in the incident, the fact that he jumped out of the train along with the other two accused and the fact that he was apprehended along with them with the stolen property is more than sufficient to establish his complicity. 9. The next submission, on a point of law, which was advanced by Mr. Shaikh was that it is a requirement that the evidence or circumstance on the basis of which the Court proposes to act or place reliance must be put to the accused under section 313 Cr. P.C. Mr. Shaikh submits that the conviction of this appellant is based on the charge under section 34 I.P C., and the learned Additional Sessions Judge did not specifically put it to the accused that he was being proceeded against on the basis of having shared the common intention of the other accused and acted in concert with them. A perusal of the ingredients of section 313 Cr. P.C. will very clearly establish that the grievance pleaded by Mr. Shaikh is wholly unfounded. The ingredient of the charge has been put to the accused at the beginning of the trial and it was clearly pointed out to him and to the other accused that they were charged under section 34 I.P.C. The learned Additional Sessions Judge has put to this accused all the circumstances that has come against him in evidence viz, the fact that he was found in association with the other accused, that he brandished a knife and furthermore, that he had jumped out of the train along with them and was found with the stolen property along with the other two accused. The requirement of section 313 Cr. P.C. has, therefore, been fully complied with. The last submission advanced on behalf of the appellant by Mr. Shaikh is with regard to the use of the knife. The requirement of section 313 Cr. P.C. has, therefore, been fully complied with. The last submission advanced on behalf of the appellant by Mr. Shaikh is with regard to the use of the knife. There is consistent evidence on record from all the three witnesses about the three accused having committed the offence at knife point. 10. There is some inconsistency with regard to the question as to the number of knives that were recovered. The evidence of P.S.I. Shinde which, to mind, is most reliable evidence since he is the Investigating Officer, is to the effect that the knives were found tucked in the waist and that these were recovered on search of the accused persons. There are some reference on record to the effect that the knives were recovered from the rexine bag. To my mind, it is quite immaterial as to whether the recovery was from the persons of the accused or from the bag, the most important circumstance being that there is conclusive evidence of the fact that the knives were used in the commission of the offence. In this view of the matter, to my mind, the charge against the accused has been fully established. The conviction and sentence of the accused under section 392 read with 34 I.P.C. does not deserve to be interfered with. 11. Accordingly, the appeal fails and the same stands dismissed. 12. Before parting with this matter, since incidents of this type have unfortunately become more frequent in the recent past, it is necessary for me to record that P.S.I. Shinde who is the Investigating Officer in this case as also the remaining team of Police Officers attached to Karjat Railway Police station deserve to be complimented and commended for the speed and efficiency with which they have acted in this case. A copy of this judgment be sent to the Superintendent of Police, Railway Police establishment, Kalyan with a recommendation that suitable note be taken of the observations made in this judgment and that the concerned police personel be rewarded accordingly. Appeal dismissed. -----