SATISH Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE revision is filed against the judgment and order of Criminal Appeal No.78/1998 which was pending in Sessions Court Nanded. The appeal was filed by the present petitioner against the judgment and order of the Judicial Magistrate, First Class, Nanded delivered in Regular Criminal Case No.930/1995. The Judicial Magistrate First Class had convicted and sentenced the petitioner for offence punishable under section 411 of the Indian Penal Code. This conviction and sentence is set aside by the Sessions Court but the petitioner is convicted and sentenced for offence punishable under section 124 of the Bombay Police Act. Both the sides are heard.

(2.) COMPLAINANT Prabhakar Tak is owner of jewellery shop by name Balaji Jewelers and it is situated in Nanded city. The incident of theft took place in his shop on the night between 28 -8 -1995 and 29 -8 -1995. The thieves created hole in the wall of the shop and after breaking open the shop, they committed theft of valuable articles like silver pots, silver ornaments and gold ornaments. On the basis of his report, crime came to be registered at CR No.169/1995 in Bhagyanagar Police Station Nanded for offences under sections 457, 380 etc. of the Indian Penal Code.

(3.) IT is the case of the prosecution that the recovery made on the basis of first statement dated 13 -9 -1995 is of the articles which were stolen from Balaji Jewelers and the recovery made on the basis of statement made on 15 -9 -1995 is in respect of theft committed by accused Nos.1 to 3 on the same night from three other places.