RAMJAN MOHAMAD SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who stands convicted for an offence punishable under section 436 of the Indian Penal Code and sentenced to R.I. for six months and to pay a fine of Rs. 3,000/-, in default of which to undergo further R.I. for three months by the Additional Sessions Judge, Shrirampur, by judgment dated 30.12.2000, in Sessions Case No. 24 of 1997, by this appeal questions the correctness of his conviction and sentence. Facts in brief as are necessary for the decision of this appeal may be stated thus:-

(2.) P.W. 5 A.P.I. Shaikh Daud, who was also attached to the Shrirampur city police station, was entrusted with the investigation of the said crime. He proceeded to the house of P.W. 3 Kamalbai and in the presence of panchas drew the scene of the incident panchnama at Exh. 11. He recorded the statements of witnesses including the statement of one Babanbai, mother of P.W. 3. Further to the completion of investigation, a charge-sheet against the appellant was submitted.

(3.) On committal of the case to Court of Sessions, Trial Court vide Exh. 3 framed charge against the appellant for offence punishable under sections 436 and 427 of the Indian Penal Code.