STATE OF MAHARASHTRA Vs. KAILAS MAGANLAL KHICHHI

JUDGEMENT

(1.) The appeal is filed by the State against the judgment and order of S.T.C.No.3784/98 which was pending in the Court of Judicial Magistrate, First Class, Ahmednagar. The respondent is acquitted of the offence punishable under Seciton 379 r.w. 511 of I.P.C. Both sides are heard.

(2.) Crime was registered on the basis of report given by one Shankar Chawan on 10/6/98. He wanted to come to Aurangabad from Pune and so he had boarded one bus of M.S.R.T.C. When the bus came to S.T. stand of Ahmednagar, many passengers alighted from the bus at about 7.30 p.m. Shankar and his wife were traveling in the bus and their suitcase was kept on the shelve created in the bus for keeping the material. Respondent and one more person entered the bus and they made enquiry as to whether there were vacant seats in the bus. Shankar supplied them information that there were vacant seats but both the persons alighted from the bus.

(3.) After some time, one of the two persons again entered the bus and the second person came towards the window from outside. The person who was outside started making enquiry again with Shankar. When that person left the spot, Shankar noticed that his suitcase which was kept on the shelve, was missing. He had suspicion against the said two persons and he immediately alighted from the bus and he started searching for them. He found these two persons on the road leading to outside of the campus of S.T. stand and his suitcase was present with one of the two persons. He intercepted them and he said that they were having his suitcase. Shankar took the custody of the suitcase and after that one of the two persons left the spot. As the quarrel started, somebody called police posted at the stand and police took the accused and Shankar to outpost. There, report of Shankar was recorded. Statements of some persons came to be recorded and charge sheet came to be filed against the respondent for aforesaid offence.