SURYAKANT BUDHAJI GAONKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this Revision Application the petitioners have impugned the order of the Sessions Court dated 9/2/1996 passed in Criminal Appeal No. 111 of 1995 preferred against the order passed by the Learned Metropolitan Magistrate, 19th Court, Esplanade, Bombay in Criminal Case no. 315/p/89 whereby the Petitioners have been convicted for the offence punishable under Section 392 read with 114 of the Indian Penal Code, mainly on the ground that the statement of the accused under section 27 of the Evidence Act in respect of the recovery of the property i. e. gold chain is not proved by examining the panch witness.

(2.) BRIEFLY stated the prosecution case is as follows : The complainant Sabaji Dhondiba Ghade was working in B. P. T. and staying at Bhandup. As usual on 28. 6. 1988 at about 8 a. m. he worked in B. P. T. upto 7. 30 p. m. After work on his way back home, he went to Govandi, Shivaji Nagar to meet one Gaine Lorrywala. After meeting the said Lorrywala he started proceeding towards his house at Bhandup on his motor cycle. While driving on the Eastern Express Highway near Kamaraj Nagar he was knocked down by a lorry and the said lorry speed away without stopping. He received injuries on his right leg and his motor cycle was also damaged. Moreover, he could not note down the number of the lorry. At that time two police men came. They stopped an ambassador car. Two persons who alighted from the said car offered to take the complainant to the hospital. However, the complainant declined the said offer. The occupants of the Ambassador car then offered to take the injured complainant to his residence. The complainant was then put in the car. While proceeding towards his house on the way the persons sitting in the rear seat next to the complainant asked the complainant whether he had any money to which the complainant replied in the negative. Thereupon the said persons opened the door of the car and pushed the complainant out. In the scuffle the complainant lost his gold chain. The complainant alleges that the said person snatched the gold chain while he was being pushed out of the car. The complainant on being pushed out of the car suffered further injuries by reason of the fall from the car and the rear wheel of the car running over his leg. The car went away leaving him behind on the road, some persons from near about came to his rescue and took him to the Rajawadi Hospital at Ghatkopar. His statement was recorded in the hospital and the FIR was registered. During the course of enquiry the petitioners were arrested.

(3.) UPON considering the police report the learned Additional Chief Metropolitan Magistrate framed charges against the accused/petitioners under the aforesaid sections to which they pleaded not guilty and claimed to be tried. The defence of the Petitioners was that no offence was proved against them, that the conduct of the complainant itself is suspicious and the case of the prosecution is not probable.