MANIK DEORAO SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE order dated 22/2/1985 passed by the Judicial Magistrate, First Class, Beed in Criminal Case No. 89 of 1981, holding all the accused guilty for offences punishable under sections 380 and 457 of the Indian Penal Code and sentencing them to imprisonment and the order dated 7/9/1989 passed by the Sessions Judge, Beed in Criminal Appeal No. 19 of 1985 confirming the conviction and sentence are being challenged in the present revision application by original accused Nos. 1 to 5.

(2.) P. W. 1 complainant Ramkrishna is the husband of P. W. 3 Suman. The couple was residing in their own house in a locality known as Shivaji Colony at Beed. The incident is alleged to have taken place at midnight of 31st May, 1981. The complainant and his wife got up from the sleep at about 3 a. m. so as to attend to their ailing son and noticed that the theft was committed in the house. It was found that the ornaments and the cash were stolen from the trunk. The stolen property included the cash amount, golden and silver ring and chain, a nose ring and two wrist watches. The complainant P. W. 1 Ramkrishna immediately reached the police station and lodged his complaint in the early morning of 3 1. 5. 1981. The investigating officer registered the offence and drew the spot panchanama Ext. 17. The investigating officer along with two panchas, including P. W. 4 Bhimrao then reached the place known as Khajana well and took the search of two huts in the presence of the panchas. Accused Nos. 1 to 4 were found in one of the huts and in the presence of the panchas; under the panchanama Ext. 25, certain articles were recovered and seized from the said hut. Similarly, another hut was inspected and searched and accused No. 5 was found present in the said hut and certain more articles were also recovered and seized from the said hut under a different panchanama Ext. 26. All the above articles were then brought to the police station on 4. 6. 1981 in the presence of two panchas including P. W. 2 Sahebrao. The complainant and his wife identified all these articles as belonging to them. The identification was done under the panchanama Ext. 22. All the accused came to be arrested on the spot and after completion of the necessary investigation they came to be charge-sheeted on 21. 7. 1981 for the offences punishable under sections 380 and 457 of Indian Penal Code.

(3.) THE Judicial Magistrate, First Class, Beed in Criminal Case No. 89 of 1981 accepted the evidence of the prosecution and held it sufficient to inspire the confidence. The trial Magistrate. therefore, held all these 5 accused guilty for the alleged offences. By an order dated 22/2/1985 all the accused were sentenced to suffer rigorous imprisonment for one year and a fine of Rs. 100. 00 each, in default, simple imprisonment for 15 days under section 380 and to suffer rigorous imprisonment for two years and a fine of Rs. 200/ - each, in default, simple imprisonment for one month for the offences punishable under section 457, Indian Penal Code. By the same order, the substantive sentences were directed to run concurrently, and the muddemal property, i. e. , the articles were ordered to be returned to the complainant - Ramkrishna.