SHAM KANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, Sham Kant who was aged about 24 years at the relevant period of the occurrence in question i.e. in June, 1980 was acting as Sub-Inspector in Ramtek Police Station in the State of Maharashtra. The facts giving rise to this appeal briefly stated are as follows:

(2.) For the sake of convenience, we address this appellant as accused No. 1 as arrayed before the trial Court along with six others who were accused Nos. 2 to 7.

(3.) On the intervening night of 23rd/ 24th June, 1980, there was a house-breaking in the Shantinath Jain Temple, Ramtek. A brass idol and some silver ornaments called Chhatra worth about Rs. 4,500/ - were stolen from the temple. The priest of the temple, Bhorumal lodged a complaint in respect of this incident on 24th June, 1980 at Ramtek Police Station. On the basis of this complaint, a case was registered in Crime No. 96/ 1980 under Ss. 452 and 380, I.P.C. As the regular Sub-Inspector of Police, Mr. Bukhari attached to that Police'Station was on leave, the accused No. 1 was acting as the Station House Officer. He entrusted the investigation of this case to accused No. 2, a Head Constable. Accused Nos. 3 and 4 were Head Constable of the Station and accused Nos. 5 to 7 were the constables. They were all assisting accused No. 2 in the investigation which was under the supervision and guidance of accused No. 1.