RAMESH MULCHAND RAMANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner herein was charged before the learned Chief Judicial Magistrate, Ahmednagar, under section 135 read with section 37 of the Bombay Police Act, 1951.

(2.) The prosecution case was that on 21-12-1977 the accused was seen near Lal-Taki Ahmednagar by P.S.I. Kharote and Police Constables Fanase and Khandagale, who were patrolling in the area. On seeing the patrol the accused tried to run away. He was, however, chased and apprehended. Thereafter in the presence of Panch witnesses the person of the accused was searched and a knife or a dagger was found in the pocket of his pyjama. The same was taken charge of under a Panchanama (Ex. 7). P.S.I. Kharote lodged his complaint, which has been treated as the First Information Report (Exhibit 5). The accused was thereafter charged as aforesaid.

(3.) The learned Chief Judicial Magistrate, Ahmednagar, was pleased to convict the accused under section 135 read with section 37 of the Bombay Police Act, 1951, and the learned Chief Judicial Magistrate sentenced the accused to suffer rigorus imprisonment for six months.