SHANTILAL SHOBHCHAND FIRODIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SOFT paddling or delay in crime investigation under the fear or influence of political overlordship has disastrous consequences on the social order. This appeal shows that the delay caused in crime investigation has resulted in the loss of 2 young lives.

(2.) THE appellant approached the police on21/1/1992 and submitted a complaint Exh. 73 to the following effect : " On 27/12/1991 at about10. 30 p. m. I was at hotel Guru to see off Pravin Bogavat. At that time Shekhar Rathod was standing near the counter and looking at me in anger. I had parked my Kinetic Honda vehicle bearing No. MH-17-7171 and while I came out from the hotel, Shekhar Rathod started my vehicle and fled with the same. Alongwith my father I went to Shri. Anil Rathod the brother of Shekhar Rathod and also a M. L. A. and told him the incident. THE M. L. A. assured me that the vehicle would be returned but it has not yet been returned. "

(3.) THE accused has pleaded not guilty and therefore, they were put on trial. THEir initial defence was of total denial. On 26/9/97 the star witness P. W.1 Manoj was examined by the special prosecutor and on28/9/97 accused no.2 Raju @ Nitin while on bail was reportedly killed at Aurangabad and therefore the Sessions Case continued only against the present appellant i. e. accused no.1. By judgment and order dated19/12/98 the learned II Additional Sessions Judge at Ahmednagar convicted the accused for the offence punishable under Section302 of the Code and sentenced to suffer R. I. for life and to pay a fine of Rs. 5000/- in default to pay the fine to undergo R. I. for one year more. However, he came to be acquitted for the offence punishable under Section4 r. w. Section25 of the Arms Act. Though the prosecution had examined in all 24 witnesses the conviction is based on the testimony of the so called eye-witnesses i. e. P. W.1 Manoj, P.W.2 Prashant and P.W.4 Vidyasagar and the medical evidence as well as the C. A. reports including the discovery of weapons.