BALKRISHNA BHAGWAN SALUNKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner along with another accused who was accused No. 2 before the Magistrate, was tried on charge of theft under section 379 read with section 114 of the Indian Penal Code in Criminal Cases Nos. 1612-13-14/P of 1979. He was sentenced under section 379 read with section 114 of the Indian Penal Code for imprisonment of 3 years and to pay a fine or Rs. 500/-, in default, to suffer further R.I. for six months in Case No. 1614/P of 1981. In case No. 1613/P of 1981 the petitioner was sentenced to rigorous imprisonment for 3 years and fine of Rs. 500 in default R.I. for 6 months, under section 411. He was acquitted in case No. 1612/P of 1981. Criminal Revision Application No. 363/81 arises out of these criminal cases. These sentences were confirmed in appeal by the learned Additional Sessions Judge, on 5th March, 1981. The petitioner has filed Criminal Revision Application No. 363 of 1981 against the order of the Appellate Judge. The petitioner is now represented by the Advocate.

(2.) At the time of hearing, the learned Advocate for the petitioner attempted to challenge the convictions recorded by the courts below. His convictions are based on the evidence on record and especially that of Panchas, which clearly show that petitioner is guilty of the charges levelled against him. After hearing the learned Advocate for the petitioner, I am satisfied that the two courts below have not committed any such error in the procedure or error of basic facts as would enable this Court to interfere with the finding recorded by the courts below. Therefore, the judgment and convictions passed in this case are confirmed.

(3.) There is another criminal revision application, which arises out of Criminal Case No. 1615/P of 1979. The petitioner is convicted in the said case under section 379 of the Indian Penal Code and sentenced to suffer R.I. for three years and fine of Rs. 100/- in default further R.I. for one month. This order was passed by the Magistrate on 7th March, 1979. In appeal by the petitioner, the learned Additional Sessions Judge confirmed the conviction and sentence on 5th March, 1981. It appears from the judgment of the Appellate Judge that the petitioner has 20 previous convictions. He has also suffered certain sentences. The offence of lifting car was committed by the petitioner in that case. The learned Magistrate has directed in respect of other co-accused that sentences should run concurrently.