JAFAR SHAUKAT SHEIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel Shri Nitin Bhishikar for the applicant and learned Additional Public Prosecutor Shri P.V. Bhoyar for the non-applicant/state. The applicant feels aggrieved by the judgment and order passed by the learned Sessions Judge, Chandrapur in Criminal Appeal No. 11/2006 confirming the judgment and order of the learned Chief Judicial Magistrate, Chandrapur in Regular Criminal Case No. 159/2005. The applicant has been convicted by the learned Chief Judicial Magistrate for the offences punishable under Sections 457 read with Section 34 and 380 read with Section 34 of the Indian Penal Code. In all four accused were prosecuted before the learned Chief Judicial Magistrate. The applicant was accused No. 2 in the said criminal case. Accused No. 1 and the applicant have been convicted for two offences mentioned hereinabove. Accused No. 3 was convicted for the offence punishable under Section 411 of the Indian Penal Code. Accused No. 4 Akash Waghmare was acquitted of the offences punishable under Sections 457 read with Section 34 and 380 read with Section 34 of the Indian Penal Code.

(2.) Being aggrieved by the judgment and order passed by the learned Chief Judicial Magistrate, the applicant and other accused filed appeals before the learned Sessions Judge, Chandrapur. The appeals were filed by all the three convicts. Criminal Appeal Nos. 7, 9 and 11 of 2006 were heard and decided by the common judgment and order. The applicant was appellant in Criminal Appeal No. 11 of 2006. The appeal filed by accused No. 1 was dismissed. The appeal filed by the applicant was also dismissed. The appeal filed by accused No. 3 Roshan Kothari was however allowed and he was acquitted of the offence punishable under Section 411 of the Indian Penal Code.

(3.) The prosecution of accused Nos. 1, 2 and 3 was based on the First Information Report filed by P.W. 1 Dilip Targe. P.W. 1 - Dilip stays at Bapat Nagar, Chandrapur. The house breaking and theft had taken place in his absence. The stolen articles included gold chain weighing 13 gram, Campus camera and V.C.D. player of Samsung make. After registration of offence, investigation was taken up. It appears that the applicant and other accused were arrested in some other crime and that during the course of investigation of that crime, the present crime was also detected and part of the property was recovered at the instance of the applicant. It was the case of prosecution before the learned Chief Judicial Magistrate that gold chain was recovered from accused No. 3 Roshan Kothari on the basis of statement made by the applicant. It was also the case of prosecution before the learned Chief Judicial Magistrate that Campus camera was recovered from the house of the applicant on the basis of statement made by him under Section 27 of the Indian Evidence Act.