SHANTI DEVI HALWAI Vs. STATE

JUDGEMENT

(1.) This revision petition filed under Section 497/401 of the Code (Code of Criminal Procedure Code, 1973), is directed against the judgment/order of acquittal passed by the learned JMFC, Vasco, in C.C. No.53/S/1989/A acquitting the accused nos.1 to 8, 10 and 11 under Sections 143,147,427,435,452, 380 r/w 149 IPC.

(2.) The petitioners are the owners of the establishment known as "Kashi Dairy" situated in in Mendes Mansion, owned by A3/Peter Tellis, which was damaged on 17/03/1988 between 16.30 hrs. to 18.00 hrs., by a mob of about 400 to 500 unknown persons, when they took out a morcha to protest an incident of rape alleged to have been committed by petitioner no.2 on his servant girl by name Miss Rajamma, causing loss of about Rs.1,34,697.40, etc. The petitioner no.2 was not present at the said dairy on the date of incident. First information report was filed by the Manager of the petitioners by name PW1/Chedilal Kesarvani on the next day, inspite of they (PW1 and PW4) having been requested to file the FIR on the same day. The case was investigated by PW16/PI Caeiro of Vasco Police Station and charge sheet was filed against the accused.

(3.) Charge was framed with the allegation that on 17/03/1988 the accused along with 400 unknown persons with their common object had formed an unlawful assembly, had taken out a morcha in order to protest the said incident of rape and in furtherance of the common object of the said assembly had broken open shutters of said shop "Kashi Dairy" situated at said Mansion at Vasco da Gama and had voluntarily caused damages to the shutters, furniture, show cases, decoration glasses, utensils, etc. in the sum of Rs.1,34,697.40 and had decamped with valuable articles such as T.V. Set, V.C.R., cash box, gold ornaments, milk cans, etc. worth Rs.3,01,189.78 and set fire to the stall known as "Bharat Lassi and Coffee House" situated near the bus stand causing loss of Rs.1 lac and had also decamped with the property from the said stall such as steel utensils, table fan, crockery, sweets, cigarette, milk cans, etc. valued at Rs.57,185/-. The prosecution in support of its case had examined 16 witnesses including the said PI Shri Sebastiao Caeiro. The petitioners herein, who are husband and wife were examined as PW4 and PW13, respectively. PW5/Bharat Lal, PW7/Bijay are their sons. PW3/Shashikumar, PW8/Abdul and PW14/Mahavir are their employees. PW12/Dropathi is the sister of PW4/Shantidevi. A6/Suryanarayan and A8/Narayan appear to be business rivals of the family. A3/Peter and his wife late A9/Flora appear to be the landlords of the family.