PRASADYA SALYA NATHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants-accused are tried-for committing dacoity in the houses of three prosecution witnesses, P. W. 2, Vasant, P. W. 3, Pradip, P. Ws. 4, Suryakant. All of them are residing in the same locality and it is alleged that on 24th November, 1989 in the mid-night these accused persons went to the houses in that locality and committed dacoity in the three houses one after another.

(2.) THE prosecution has led evidence of P. Ws. 2 Vasant, P. Ws. 3 Pradip, P. Ws. 4 Suryakant, and P. Ws. 7 Anjali, wife of P. Ws. 2 Vasant. As the dacoity was committed by unknown thieves the prosecution has also relied upon the evidence of Special Executive Magistrate, P. Ws. 10, regarding the identification parade, and two Panchanamas, Exhibits 39 and 41 in this respect.

(3.) THE complaint is filed by the complainant Vasant, P. Ws. 2. It is stated in the complaint that unknown thieves committed dacoity in his house by taking away ornaments, silver articles and cash amount totalling worth Rs. 24,900/- It is further stated in the complaint that these unknown thieves have further committed dacoity in the neighbouring houses of Suryakant and Pradip by breaking their doors with stones and taken away gold ornaments and Cash account from their houses. It may be mentioned at-the outset that though the complaint purports to relate to an offence of dacoity committed in three different houses of the complainant as well as Suryakant and Pradip, except mentioning the commission of dacoity in the neighbouring houses, the details of stolen property are not give for the manner in which the dacoity is committed in the houses of Suryakant and Pradip is mentioned in the complaint. The prosecution for that purpose has relied upon the Panchanama made of the scene of the offence and the evidence of P. Ws. 3 Pradip and P. Ws. 4 Suryakant.