GORAKHNATH DONDIRAM THORAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned advocate Mr.Vaidya for the appellant and learned APP Mr.Singhal for the respondent.

(2.) THE appellant is the original accused No.1 and he was convicted with another accused No.2. The original accused No.2 has also filed an appeal separately against his conviction vide Criminal Appeal No.28 of 1994. Since the case of the appellant/accused No.1 is decided on different footing so far as it relates to the facts, it is being decided by this order separately.

(3.) THE complainant went inside the office. Accused No.2 was standing there near the counter. Accused No.1 was sitting in the corner. The complainant asked accused No.2 whether his meter was ready. Accused No.2 told that the meter was tested, then without saying anything further Mr.Gajbhiye came out of the office and stood on the footpath. The complainant and panchas followed him. The accused No.2 was asked the complainant whether the money as agreed was brought. While they were talking, the accused No.1 came out of the office and went to the parking place where his motorcycle was parked and when he was across the accused No.2, the complainant and the panchas, the accused No.2 pointed his finger to accused No.1 and the complainant went to accused No.1, gave the money to accused No.1 which was kept by accused No.1 in his left side packet. Thereafter a signal was given and the accused No.1 was trapped with money. This is the prosecution case so far as it relates to accused No.1 because the amount was found with him i.e. the note of Rs.100/- which was subjected to anthracene powder. He is convicted under Section 109 of the Indian Penal Code.